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The Workers Compensation Act in Nakuru, Kenya is a key piece of legislation that governs the rights and benefits of employees who suffer injuries or illnesses related to their work. This law is designed to ensure that workers receive appropriate medical treatment, reimbursement for lost wages, and compensation for permanent disability or disfigurement sustained as a result of their employment. It also provides benefits to the family of an employee who dies as a result of a work-related accident or illness.
It's not uncommon for workers to face disputes or disagreements with their employers over the terms of their compensation following a work-related injury. In such instances, having a competent lawyer can be crucial in making sure you get what you are rightfully owed. Additionally, understanding the intricacies of the Workers Compensation Act can be difficult without legal help. A lawyer can guide you through the entire process, ensuring that you properly file your compensation claim and defending your rights if the claim is disputed or denied by the employer or insurance company.
Under the Kenya Employment Act, an employer is obliged to compensate any employee who suffers injury out of and in the course of employment, regardless of whether the employee was negligent. However, compensation amounts may vary depending on the extent of the injury, the worker's age, and their earnings at the time of accident. A time limit of two years from the date of the accident is also in place for filing a compensation claim, so timeliness is crucial. In case of fatal accidents, the employer is obligated to pay funeral costs and compensation to the deceased's dependents.
If your employer refuses to pay compensation, you can seek legal assistance to file a claim with the Workers Compensation Court. The court will make a decision based on the specifics of your case.
The compensation for permanent disability depends on the degree of your disability. The specifics are determined by the doctor treating you and a doctor chosen by the insurer. Disputes in the medical evaluation can be resolved through a further examination by a third independent doctor.
Yes, mental conditions arising from work circumstances and causing disability can be considered for workers compensation. However, proving the link between work and the mental condition can be challenging, necessitating legal assistance.
Yes, you must claim workers compensation within two years from the date of the injury or the date when the illness was diagnosed.
If a work-related injury results in death, the deceased worker's legal dependents are entitled to compensation. The employer also has to cover the funeral expenses.
For further help, you can turn to the Workers Compensation Fund Control Board (WCFB), the governmental body responsible for administering worker's compensation in Kenya. You can also reach out to local non-profit organizations that provide advice and support to injured workers and their families.
If you require legal assistance for a workers compensation issue, start by reaching out to a lawyer who specializes in this area. Research about their reputation, expertise, and fees to ensure you are working with a reputable professional. Remember, time is of the essence in these matters, so act immediately if you believe you have a valid claim. It’s always better to start the process sooner rather than later to avoid surpassing legal deadlines.
