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Workmen Injury Benefits Act

The Work Injury Benefits Insurance provides indemnity to an employer against legal liability under the Work Injury Benefits Act, 2007 in respect of assessments and awards for bodily injury to a workman due to accident or occupational disease arising out of and in the course of the employment.

Workman

For the purpose of this policy a Workman is defined as any person employed by the insured irrespective of gross annual earnings and who is either on temporary or permanent terms.

Earnings include:

  • Wages and any allowance in respect of increased cost of living paid to the workman by the employer
  • The value of any-food, fuel, quarters supplied to the workman by the employer,
  • Any overtime payments or other special remunerations for work done, whether by way of bonus or otherwise, of constant character or for work habitually performed;

The following are not deemed earnings for the purpose of this insurance:

  • Remuneration’s for intermittent overtime, or casual payments of a non-recurrent nature
  • Any ex-gratia payment whether given by the employer or other person,
  • The value of a travelling allowance, or the value of any travelling concession
  • A contribution paid by the employer of workman towards any pension or provident fund, MICL Website 2014 P a g e | 27
  • Any sum paid to a workman to cover any special expenses entailed on him by the nature of his employment.

Benefits are calculated based on the employees’ earnings and nature of injury. They are payable on:

  • Death
  • Permanent Total Disablement
  • Temporary Total Disablement

Other benefits payable are:

  • Medical Expenses (Limited to Kshs. 100,000/- per employee)

Funeral Expenses (Limited to Kshs. 30,000/- per employee)

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