According to the International Labour Organization (ILO), over 2.7 million workers die each year as a result of work-related accidents and diseases. This translates to a daily count of nearly 7,400 workers per day.
The ILO also estimates that 395 million workers worldwide sustained non-fatal work injuries as of November 2023. These staggering statistics underscore the ongoing challenges in ensuring safe and healthy working environments worldwide.
Here in Kenya, 4,357 workers were involved in accidents at various workplaces between 1 July 2023 and 1 May 2024, according to the Directorate of Occupational Safety and Health Services. 118 of these accidents resulted in fatalities, accounting for three percent of the total.
To address the growing need for safe workplaces, Kenya has enacted and implemented legislation and guidelines to protect the welfare of its workforce. Kenya enacted the Employment Act of 2007, the Occupational Safety and Health Act of 2007, and the Work Injury Benefits Act (WIBA) in 2007.
The WIBA Act, which took over from the repealed Workmen’s Compensation Act, serves as a vital shield, protecting employees from the financial and emotional devastation accompanying work-related injuries and illnesses.
Under this law, all employers must obtain and maintain an insurance policy with an approved insurer for their employees. This guarantees that if an employee sustains an injury at work or develops a disease due to their working conditions, they qualify for compensation. WIBA becomes a mandatory insurance product for employers, providing employees with financial protection against potential workplace incidents.
According to the 2022 Association of Kenya Insurers (AKI) Industry Report, insurance covers under the Work Injury Benefits Act (WIBA) recorded a gross written premium of KES 13.3 billion in 2022, a 9.85% increase from KES 12.15 billion in 2021.
WIBA covers a wide range of benefits, including medical expenses, wage replacement, disability payments, and death benefits.
This comprehensive coverage guarantees that the financial burden does not fall solely on workers and their families. It ensures that workers receive the necessary support to recover and rebuild their lives by mandating employers to provide insurance coverage.
To benefit from WIBA, employees must first report any work-related injury or illness to their respective employer upon its occurrence. The law mandates employers to report these cases to their respective insurance provider within seven days of notice, who will then initiate the process of assessing the report.
Upon validation of the respective report, the injured employee can submit a compensation claim within 12 months of the accident date. The sum of the compensation is calculated based on the severity of the injury, potential loss of income to be incurred, and other related factors.
WIBA plays a pivotal role in Kenya’s labor framework by protecting employees from the financial repercussions of work-related injuries and illnesses. WIBA advocates for various forms of compensation for employees.
One of the many benefits is coverage of medical treatment costs resulting from workplace injuries or illnesses. This includes doctor consultations, hospital visits, and medication expenses, which ensures employees receive the necessary quality healthcare without financial strain or difficulty.
Secondly, employers compensate employees for their lost wages if they are temporarily unable to work due to an injury. Typically, the employer pays out a percentage of the employee’s earnings during their recovery period.
In the case an injury results in permanent disability, WIBA lobbies for compensation based on the degree of disability. WIBA uses a predefined scale to calculate the level of compensation, ensuring fairness and adequate financial support.
However, in the unfortunate event of a work-related death, WIBA provides legislation that guarantees compensation to the dependents of the deceased employee. This compensation helps the family cope with the loss of income following the death of their primary breadwinner.
Furthermore, we cover the funeral expenses of employees who pass away due to a workplace injury, easing the financial strain on their families during this challenging period.
Another benefit of WIBA is how it pushes for the coverage of diseases contracted as a direct result of an employee’s work environment. The same benefits apply to employees suffering from such occupational diseases as they do to those injured in work-related accidents.
Workplace injuries and illnesses can significantly impede an employee’s ability to earn and live off their respective income, as the costs associated with medical treatment or disability can be overwhelming. WIBA provides a safety net of compelling financial support from their employers, ensuring that employees do not bear the full brunt of these incidents alone.
However, the success of WIBA is reliant on the continuous collaboration between employers, employees, and the government at large. By ensuring compliance with WIBA and leveraging the expertise of insurance underwriters, businesses can safeguard their employees and create safer, healthier workplaces for all.