Workplace Injury Compensation: Navigating the WIBA (Work Injury Benefits Act) process.

If you are injured at work – on a construction site in Athi River, a factory in Machakos, or even while driving a company vehicle – you are entitled to compensation under the Work Injury Benefits Act (WIBA), 2007. WIBA replaces the old common law right to sue your employer. It provides no‑fault benefits: you do not need to prove negligence. This guide explains the step‑by‑step process to claim medical expenses, disability benefits, and dependants' compensation in case of death.

Key principle: WIBA applies to all employers regardless of size. The employer must register with the Director of Occupational Safety and Health Services (DOSHS) and pay annual levies to the WIBA Fund.

Step 1: Report the Accident Immediately

Notify your supervisor or employer as soon as possible – verbally and in writing. Under WIBA, the employer must then report the accident to the DOSHS using Form 7 within 7 days. If the employer fails, you can report directly.

Step 2: Seek Medical Treatment and Keep Records

Go to a government‑approved hospital or accredited WIBA clinic. The employer is liable for reasonable medical expenses (doctor visits, medication, surgery, physiotherapy). Keep all receipts, treatment notes, and the First Medical Report (Form 8 filled by the doctor).

Step 3: Medical Assessment of Permanent Disability

After you have recovered (or after 12 months), a registered medical practitioner assesses the degree of permanent disability – physical, psychiatric, or both. The assessment uses a scheduled scale (percentage of whole body impairment). You receive a Permanent Disability Assessment Report (Form 16).

Example: Loss of a thumb – about 15% disability. Loss of vision in one eye – 25% to 40%. The percentage directly affects the compensation amount.

Step 4: Employer Submits Claim to WIBA Fund

The employer (or their WIBA insurer) files the claim with the Director of Occupational Safety and Health using Form 11 and the medical reports. The Director then determines the compensation based on the pre‑injury monthly earnings (maximum capped at Ksh 150,000 per month for calculation purposes).

Benefits Payable Under WIBA

Temporary total disability benefit: 80% of monthly earnings for up to 12 months while unable to work.
Permanent disability benefit: Lump sum calculated as: (disability % ) × (4 years' earnings) – up to a maximum of Ksh 7.2 million.
Medical expenses: Full costs of approved treatment.
Death benefit: Dependent spouse and children receive a lump sum (up to Ksh 1.6 million) plus monthly pensions.

What If the Employer Denies or Delays?

If the employer fails to report, refuses to pay, or disputes the disability assessment, you can:

Lodge a complaint with the Labour Office for free conciliation.
File an objection with the Director of Occupational Safety and Health (within 30 days of the decision).
If still unsatisfied, appeal to the Employment and Labour Relations Court within 90 days.

"Many workers never claim WIBA benefits because they don't know their rights. Some employers even intimidate injured workers into resigning. Don't be silenced – WIBA is your legal right, not charity." — Faith Musyoka, Employment Advocate

Important Deadlines

⚠️ Notify employer: Immediately after accident.

⚠️ Employer reports: Within 7 days.

⚠️ Submit disability assessment: Within 12 months of injury.

⚠️ Appeal to court: Within 90 days of Director's decision.

Musyoka & Mutinda Advocates assists injured workers in filing WIBA claims, disputing low disability assessments, and representing them before the Labour Office and ELRC. We also help employers comply with their WIBA obligations.