Best Disability Insurance Lawyers in Nairobi

About Disability Insurance Law in Nairobi, Kenya

Disability Insurance, otherwise known as DI, in Nairobi, Kenya is governed by the provisions of the National Social Security Fund Act. This Act is aimed at providing social security protection to workers in both the formal and informal sectors. The insurance aids workers in the event of income loss due to disability resulting from non-work related incidents. Despite its significant role, citizens often lack comprehensive knowledge of Disability Insurance, hence the importance of seeking legal advice in related matters.

Why You May Need a Lawyer

Disability insurance laws can be complex and procedural, making it challenging for a layperson to understand the intricacies. Individuals may need a lawyer to help in understanding the nature of their eligibility, the claims process, settlement disputes, and policy negotiations. Legal help may also be needed when dealing with insurance coverage disputes, denied claims, and underpaid claims. An experienced lawyer would provide assistance with the legal paperwork and offer detailed explanations of terms and implications.

Local Laws Overview

The Kenyan law establishes compulsory contribution schemes for all employed individuals, designed to provide disability benefits. If a person becomes permanently disabled and unable to work, the benefits include a monthly pension for life. It's important to note that the law considers multiple factors when determining disability. Furthermore, the law has strong regulations against discrimination of disabled individuals, making it unlawful for employers to discriminate on the basis of disability.

Frequently Asked Questions

How does the Kenyan government define disability?

The Persons with Disabilities Act in Kenya defines disability as physical, sensory, mental, or other impairments, including visual, hearing, learning and physical incapabilities, which impact adversely on social, economic or environmental participation.

How can I claim my disability insurance?

To claim this insurance, you must first get a physician’s verification or medical certification of your disability. After getting this certification, you can make your claim from your insurance policy provider or through the National Social Security Fund.

What if my claim is denied?

Should your claim be denied, you can appeal the decision with your insurer. However, during this period, it's highly recommended to get legal help as the process might involve complex legal procedures.

What constitutes discrimination based on disability?

This includes denial of reasonable accommodation for a person with disability, and victimizing a person because of their disability or their association with a person with a disability.

Where can I get assistance if I'm a victim of disability discrimination?

If you believe you have been a victim of discrimination, you should consider seeking help from the National Council for Persons with Disabilities (NCPWD) or legal professionals who specialize in such cases.

Additional Resources

For legal advice and guidance related to Disability Insurance, you can reach out to organizations like Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), Kenya Human Rights Commission (KHRC), or The National Council for Law Reporting (NCLR). The National Council for Persons with Disability (NCPWD) is also an essential resource for people seeking legal advice on disability-related matters.

Next Steps

If you need legal assistance in Disability Insurance, it’s advisable to reach out to a legal practitioner that specializes in Disability Law. Bringing relevant documents such as your National Social Security Fund statement, medical reports, and any other suitable documents can help your lawyer make an informed decision. Remember, knowing your rights can be your best protection.