Best Construction Accident Lawyers in Vihiga

About Construction Accident Law in Vihiga, Kenya

Construction work in Vihiga County involves excavation, masonry, roofing, scaffolding, electrical installations, and the use of heavy machinery. These activities carry a real risk of falls, struck-by incidents, collapses, electrocution, and equipment injuries. Kenyan law sets out safety standards for worksites and provides compensation routes when injuries occur.

Most workers injured in the course of their employment seek compensation under the Work Injury Benefits Act 2007, commonly called WIBA. This is an administrative process handled by the Directorate of Occupational Safety and Health Services within the Ministry of Labour and Social Protection. In addition, the Occupational Safety and Health Act 2007 sets preventive duties for employers and contractors on every site in Vihiga.

If a member of the public or a visitor is injured near or inside a site in Vihiga, they may have a negligence or occupiers liability claim against the person or company controlling the premises or activity that caused the harm. Where different contractors share a site, responsibility can be split between the principal contractor, subcontractors, and site owners depending on who controlled the specific risk.

Why You May Need a Lawyer

Construction accident claims can be complex because several laws and parties often apply to the same incident. A lawyer can help you in these situations:

When you are a worker injured on site and need to file a WIBA claim with the Director of Occupational Safety and Health Services, including completing the right forms, gathering medical evidence, and meeting deadlines.

When your injury was caused by a third party at the site, such as another contractor, a property owner, or an equipment supplier, and you need to pursue a civil negligence claim in addition to or separate from WIBA compensation.

When a passerby or nearby resident is injured by debris, falling objects, or unsafe barricading and needs to identify the correct defendant and preserve evidence.

When the employer or contractor fails to report the accident, denies that you were an employee, refuses to provide WIBA insurance details, or pressures you to return to work before you are fit.

When injuries are severe, long term, or fatal, and you need proper assessment of permanent disability, dependency, and future care costs.

When a government or county body may be involved, for example works on a public road in Vihiga, and special notice or shorter limitation periods could apply.

When you need to appeal a decision of the Director under WIBA to the Employment and Labour Relations Court or negotiate a settlement with an insurer.

Local Laws Overview

Work Injury Benefits Act 2007 (WIBA). This is the main law for employee work injuries. It requires employers to obtain insurance for work injuries, to keep registers, and to report accidents to the Director of Occupational Safety and Health Services. Claims are made to the Director rather than by suing the employer directly. Compensation can include medical expenses, wage replacement for temporary incapacity, and lump sums for permanent disability or death. There is a right of appeal to the Employment and Labour Relations Court within a set period after the Director issues a decision.

Occupational Safety and Health Act 2007 (OSHA). This law places duties on employers, occupiers, and contractors to provide a safe work environment, including risk assessments, training, protective equipment, scaffolding integrity, safe electrical works, and machine guarding. It requires employers to notify DOSHS of reportable accidents. Inspectors can issue improvement or prohibition notices and prosecute safety breaches.

Accident reporting rules. Fatal accidents must be reported to DOSHS immediately by the fastest means and then in writing. Non fatal reportable accidents must be notified within a short statutory period. Employers must also keep accident registers on site. Prompt reporting also helps preserve insurance cover.

National Construction Authority Act and Regulations. The National Construction Authority registers contractors, approves project registration, and monitors site safety compliance across counties, including Vihiga. Contractors must implement safety plans, provide competent supervision, and ensure barricading, signage, and safe access.

Occupiers Liability Act. If you are a visitor or a member of the public injured due to unsafe premises or activities near a construction site in Vihiga, you may claim against the occupier for failing to take reasonable care to make the premises reasonably safe.

County approvals and by laws. Construction in Vihiga requires county development approvals and compliance with building control standards. Unsafe or unauthorized works can trigger county enforcement. County inspectors may coordinate with DOSHS and NCA on safety issues.

Limitation and notices. Time limits apply. WIBA requires prompt notification and filing within statutory periods, with limited extensions for good cause. Negligence claims for personal injury generally have a 3 year limitation from the date of injury, but claims involving public bodies can have shorter timelines and may require prior notice. Always seek legal advice early to avoid missing a deadline.

Public road works. If injury occurs at or near road works, responsibility might involve a road agency or a contracted firm. Proper traffic management, signage, and barriers are legally required to protect road users and pedestrians.

Court decisions. Kenyan courts have confirmed that WIBA is the primary route for employee work injury compensation and that parties should first use the administrative process before approaching the court. Appeals from the Director go to the Employment and Labour Relations Court.

Frequently Asked Questions

What should I do immediately after a construction accident in Vihiga

Seek medical attention first. Report the accident to your supervisor or site manager as soon as you can and ensure the details go into the site accident register. If you are a worker, ask your employer to notify the Directorate of Occupational Safety and Health Services. Collect evidence if safe to do so, including photos of the scene, names and contacts of witnesses, and any site instructions or toolbox talks related to the task. Keep copies of medical notes and receipts.

Do I claim under WIBA or sue in court

If you were injured in the course of employment, WIBA is the primary path and your claim starts with the Director of Occupational Safety and Health Services. You may still have a separate negligence claim against a third party who caused the accident, such as another contractor or a property owner. A lawyer can help you assess both routes and manage timelines.

How long do I have to file a work injury claim

WIBA requires prompt reporting and filing within set statutory periods counted from the date of the accident or from when disablement is known. Extensions can be allowed by the Director in limited circumstances. Negligence claims in court have their own limitation periods. To protect your rights, start the process as early as possible.

What if my employer in Vihiga refuses to report the accident

You can notify the Directorate of Occupational Safety and Health Services yourself and provide your medical documents and witness details. DOSHS can require the employer to comply and can take enforcement action for failure to report or insure. A lawyer can write to the employer and insurer and file the necessary documents with DOSHS.

What compensation can I get under WIBA

Compensation may include reasonable medical expenses, a benefit for temporary incapacity while you are unable to work, a lump sum for permanent disability based on your earnings and the assessed degree of disablement, and dependants benefits and funeral expenses in fatal cases. The exact amount depends on your wages and medical assessment by a qualified medical practitioner.

Can casuals, apprentices, or migrant workers claim

Yes, WIBA covers employees, which can include casuals, apprentices, and learners who suffer injuries arising out of and in the course of employment. Employment status disputes are common in construction, so keep any documents showing who engaged you, your pay, and your work schedule.

What if I was partly at fault

Under WIBA, compensation is generally payable even if you were partly negligent, unless you intentionally injured yourself or were intoxicated and that was the sole cause. In civil negligence claims, contributory negligence can reduce the award but does not usually bar recovery. Provide full facts to your lawyer so they can address any allegations properly.

I am a passerby injured by debris from a Vihiga site. Who do I sue

You may have a claim against the occupier of the premises, the principal contractor, or a subcontractor responsible for the unsafe activity. Evidence that shows who controlled the area and failed to provide adequate barricading, netting, or signage is important. A lawyer can help you identify the correct defendants and notify their insurers.

How are disputes decided if I disagree with the WIBA assessment

If you are unhappy with a decision of the Director, including the degree of disablement or wage calculations, you can appeal to the Employment and Labour Relations Court within the statutory appeal period. Independent medical evaluations and site evidence often help in appeals.

How much does a lawyer cost for a construction accident claim

Legal fees in Kenya follow the Advocates Remuneration Order and can vary depending on the complexity of the case, the amount involved, and the stage at which the matter is resolved. Many lawyers offer an initial consultation to review your case. Ask for a fee agreement in writing so you understand the costs, disbursements, and when they are payable.

Additional Resources

Directorate of Occupational Safety and Health Services, Ministry of Labour and Social Protection. Handles WIBA claims, accident reporting, and workplace safety inspections.

National Construction Authority. Registers contractors, oversees construction site safety compliance, and can take action on unsafe sites.

Employment and Labour Relations Court. Hears appeals from the Director under WIBA and employment related disputes.

Vihiga County Government, Department of Lands, Physical Planning and Urban Development. Issues building and construction approvals and can enforce county building standards.

State Department for Labour and Social Protection, County Labour Office Vihiga. Assists workers with labour complaints and can guide on reporting procedures.

Building and Construction Workers Union of Kenya. Can support union members on safety concerns and representation.

Law Society of Kenya, Western Kenya branch. Provides contacts for advocates experienced in personal injury, employment, and construction law.

Kenya Police Service. For scene control in serious or fatal incidents and where a crime is suspected.

Accident and emergency medical facilities in Vihiga and nearby counties. Keep full medical records for your claim.

Next Steps

Get medical care immediately and follow your treatment plan. Keep copies of all medical reports, prescriptions, and receipts.

Report the accident to your supervisor or site manager without delay. Confirm that the employer has recorded it in the accident register and notified the Directorate of Occupational Safety and Health Services.

Preserve evidence. Take photos of the scene, the equipment involved, and any hazards such as missing guardrails or unsafe scaffolding. Write down names and contacts of witnesses and the companies present on site in Vihiga.

Consult a lawyer who handles construction accidents and WIBA claims. Bring your employment details, payslips if available, medical documents, and any correspondence from the employer or insurer.

Do not sign releases or accept quick cash offers without advice. Early offers may undervalue your losses or affect your rights under WIBA and any civil claim.

Track deadlines. With your lawyer, file the necessary WIBA forms and medical assessments on time, and issue any required notices for negligence claims, especially if a public body is involved.

Focus on recovery and return to work planning. Ask your doctor about light duties or modifications. Your lawyer can coordinate with the employer and insurer regarding wage replacement and rehabilitation benefits where applicable.

If you receive a decision from the Director that you think is wrong, seek legal advice immediately about appealing to the Employment and Labour Relations Court within the required period.