Career advice · Updated October 2026
Work Injury Compensation in Kenya: How WIBA Claims Work and the Deadlines
A fall from scaffolding, a hand caught in a machine, a road crash in a company van, or a lung disease from years of dust: when an injury comes from your work, the employer has to compensate you. The rules are in the Work Injury Benefits Act, 2007 (WIBA), not the ordinary law of negligence. This guide explains how work injury compensation in Kenya works: who is covered, the deadlines, how the money is calculated, and what to do if you disagree with the decision.
Who is covered
Section 3 says WIBA applies to all employees, including government employees, except the armed forces. Section 5(1) defines an employee as a person employed for wages or a salary under a contract of service, including apprentices and indentured learners, whether the contract is oral or written and however pay is calculated.
Section 5(3) excludes a few groups:
- a casual worker employed otherwise than for the purposes of the employer’s trade or business;
- a person employed outside Kenya, except as section 11 allows for temporary deployments;
- a member of the employer’s family living in the employer’s house, not employed as such; and
- members of the Kenya Defence Forces.
Note the first exclusion carefully. A casual labourer on a construction site is employed for the contractor’s business, so is covered. Our casual workers’ rights guide explains when casual work becomes regular employment.
What counts as a work injury
Section 2 defines an “accident” as one arising out of and in the course and scope of employment and resulting in personal injury. Some specific rules widen that:
- Employer transport: under section 10(5), travelling to or from work in a vehicle the employer provides for staff counts as being in the course of employment.
- Emergency work: under section 12, injuries during first aid, rescue or fire-fighting done with the employer’s consent are covered.
- Breaking a rule: under section 10(4), an accident causing serious disablement or death is still covered if you were acting for the employer’s business, even if you were breaking an instruction at the time.
- Misconduct: under section 10(3), you lose compensation if an accident that does not cause serious disablement or death was caused by your deliberate and wilful misconduct. Serious disablement means permanent disablement of 40% or more (s.10(6)).
Occupational diseases are covered too. Section 38 covers both diseases listed in the Second Schedule, such as lead poisoning, silicosis and some forms of tuberculosis in health work, and any other disease that arose out of and in the course of employment.
Your employer’s duties
- Insurance: section 7 requires every employer to have an insurance policy with an approved insurer covering its WIBA liability. Failing to do so is an offence with a fine of up to KSh 100,000, imprisonment of up to three months, or both.
- First aid and transport: sections 45 and 46 require first aid and conveyance of an injured worker to hospital and home.
- Medical costs: section 47 makes the employer pay reasonable medical, surgical, hospital, nursing and medicine costs, plus prosthetics and appliances.
- No contributions from you: section 50 makes it an offence for an employer to deduct or recover any part of those medical costs from your pay.
Deadlines and reporting
| Step | Deadline | Section |
|---|---|---|
| You tell the employer about the accident | As soon as possible; benefits lapse if not reported within 12 months | s.21, s.27 |
| Fatal accident notice to the Director | Within 24 hours | s.21 |
| Employer reports accident to the Director | Within 7 days of notice | s.22(1) |
| Employer reports an occupational disease | Within 14 days | s.41(2) |
| Claim for compensation lodged | Within 12 months of the accident or death | s.26(1) |
| Employer or insurer pays a claim lodged by the Director | Within 90 days | s.26(4) |
Section 22(2) matters in disputes: an injury counts as reported even if the employer thinks it did not happen at work. Section 22(5) lets you report directly to the Director of Occupational Safety and Health Services at any stage, and section 22(3) entitles you to a copy of the employer’s report. The Ministry of Labour says employers report on the DOSHS 1 form.
How compensation is calculated
All calculations start with your “earnings”, defined in section 37 as your monthly rate of pay at the time of the accident, including regular allowances, housing or rations supplied, and regular overtime, but excluding occasional overtime, expense reimbursements and ex-gratia payments.
Temporary disablement
If you are off work for three days or more, section 28 entitles you to periodical payments equal to your earnings, within limits set by the Cabinet Secretary, for as long as the disablement lasts, up to 12 months. You do not get these on top of full pay; section 28(4) says no payment is due for any period you receive full pay under the Employment Act or your contract.
Permanent disablement
Section 30(1) bases permanent disablement compensation on 96 months’ earnings, subject to the minimum and maximum amounts in the Third Schedule, multiplied by your degree of disablement. The First Schedule sets the degrees. Examples:
| Injury (First Schedule) | Degree of disablement |
|---|---|
| Loss of a hand at the wrist | 60% |
| Loss of four fingers on one hand | 40% |
| Loss of one eye, the other being normal | 30% |
| Total loss of hearing in one ear | 7% |
As an illustration only: a worker earning KSh 30,000 a month who loses four fingers on one hand would have 96 × 30,000 × 40% = KSh 1,152,000, before the schedule’s minimums and maximums are applied. For injuries not in the schedule, a doctor assesses the percentage.
Death
Under section 34, compensation is paid to dependants according to the Third Schedule, and the employer must also pay reasonable funeral expenses up to a set maximum. Compensation for death does not form part of the deceased’s estate (s.20).
Why you usually cannot sue your employer
Section 16 says no action lies against the employer for damages for a work accident or disease, except under WIBA. The Supreme Court upheld this scheme in Law Society of Kenya v Attorney General & another [2019] KESC 16, finding that sections 16, 23 and 52 do not block access to justice: the Director deals with claims first, and appeals then go to the Employment and Labour Relations Court. A claim against a third party, such as another motorist in a road crash, is still possible under section 17.
Objecting to the Director’s decision
If you disagree with an award, section 51 lets you lodge a written objection with the Director within 60 days. The Director must reply within 14 days (s.52(1)). If you are still unhappy, you can appeal to the court within 30 days of receiving the reply (s.52(2)). Keep every medical report, as the assessment of your disability usually decides the amount.
Practical steps after a work injury
- Get treatment and keep every receipt, medical report and sick note.
- Report the injury to your supervisor in writing the same day, and keep a copy.
- Ask for a copy of the employer’s DOSHS 1 report, as section 22(3) allows.
- If the employer refuses to report it, report it yourself to the county occupational safety and health office.
- Follow up the claim within 12 months, and object within 60 days if the award is wrong.
While you are off work, check that your pay is right with the net salary calculator, and read our sick leave guide. If the job ends, the terminal dues calculator helps with your final pay. For hospital costs, Business Radar lists the emergency ambulance numbers in Kenya.
Key takeaways
- WIBA covers almost all employees, including casual workers employed for the employer’s business.
- Every employer must insure its WIBA liability and pay medical costs without deducting them from wages.
- Report the injury quickly; claims must be lodged within 12 months.
- Permanent disablement compensation is based on 96 months’ earnings multiplied by the degree of disablement.
- Objections go to the Director within 60 days, and then to court.
Read our plain-English guide to the Employment Act, or browse jobs in Kenya.
Frequently asked questions
How is work injury compensation calculated in Kenya?
For permanent disablement, section 30 of WIBA uses 96 months' earnings multiplied by the degree of disablement in the First Schedule, subject to minimum and maximum amounts. Temporary disablement of three days or more is paid as periodical payments equal to earnings for up to 12 months.
How long do I have to claim work injury compensation in Kenya?
Section 26(1) of WIBA requires a claim within 12 months of the accident, or of the death in a fatal case. Section 27 says the right to benefits lapses if the accident is not reported to the employer within 12 months, unless the employer knew about it from another source.
Can I sue my employer for a work injury in Kenya?
Generally no. Section 16 of WIBA bars damages claims against the employer for work accidents and diseases, and the Supreme Court upheld this in 2019. Compensation goes through the Director, with appeals to the Employment and Labour Relations Court.
Can my employer deduct my hospital bills from my salary after a work injury?
No. Section 47 requires the employer to pay reasonable medical costs, and section 50 makes it an offence to deduct or recover any contribution towards those costs from the employee.
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