About Construction Accident Law in Kenya
Construction Accidents in Kenya refer to incidents that occur on construction sites which result in injuries or fatalities to workers or bystanders. These accidents can occur due to a variety of reasons such as negligence, inadequate safety measures, or faulty equipment.
Why You May Need a Lawyer
You may need a lawyer in cases where you or a loved one has been involved in a construction accident and need to seek compensation for medical bills, lost wages, pain and suffering, or other damages. A lawyer can help you navigate the complex legal process, gather evidence to support your claim, and negotiate with insurance companies on your behalf.
Local Laws Overview
In Kenya, the Occupational Safety and Health Act of 2007 sets out the legal framework for ensuring the safety and health of workers in all workplaces, including construction sites. Employers are required to provide a safe working environment, proper safety equipment, training, and follow safety regulations to prevent accidents.
Frequently Asked Questions
1. What should I do if I am injured in a construction accident?
If you are injured in a construction accident, seek medical attention immediately and report the incident to your employer. You should also consider contacting a lawyer to discuss your legal options.
2. Can I sue my employer for a construction accident?
Yes, you may be able to sue your employer for a construction accident if they were negligent in providing a safe working environment or failed to follow safety regulations.
3. How long do I have to file a lawsuit for a construction accident in Kenya?
The statute of limitations for filing a personal injury lawsuit in Kenya is three years from the date of the accident. It is important to consult with a lawyer as soon as possible to ensure you do not miss this deadline.
4. What type of compensation can I receive for a construction accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, disfigurement, and other damages resulting from the construction accident.
5. Are there any government agencies in Kenya that can help with construction accidents?
Yes, the Directorate of Occupational Health and Safety Services in Kenya (DOHSS) is responsible for ensuring workplace safety and health. They can provide information and assistance related to construction accidents.
6. Can a lawyer help me negotiate a settlement with the insurance company?
Yes, a lawyer can help you negotiate a fair settlement with the insurance company to ensure you receive the compensation you deserve for your construction accident.
7. What should I look for in a construction accident lawyer?
You should look for a lawyer with experience in handling construction accident cases, a track record of success, and who is dedicated to fighting for your rights and best interests.
8. How much does it cost to hire a construction accident lawyer in Kenya?
Many construction accident lawyers in Kenya work on a contingency fee basis, which means they only get paid if you win your case. This allows you to pursue legal action without having to worry about upfront costs.
9. Can I still receive compensation if I was partially at fault for the construction accident?
Yes, under Kenya's comparative negligence law, you may still be able to recover damages even if you were partially at fault for the accident. Your compensation may be reduced based on your percentage of fault.
10. Should I accept a settlement offer from the insurance company without consulting a lawyer?
It is not advisable to accept a settlement offer from the insurance company without consulting a lawyer first. A lawyer can review the offer to ensure it is fair and adequate to cover your damages.
Additional Resources
For more information on construction accidents in Kenya, you can contact the Directorate of Occupational Health and Safety Services or seek assistance from the Law Society of Kenya for referrals to reputable construction accident lawyers.
Next Steps
If you have been involved in a construction accident in Kenya and need legal assistance, you should contact a construction accident lawyer as soon as possible to discuss your case and explore your options for seeking compensation.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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