Definition of Employee
- In the WIBA Act, employee means a person who has been employed for wages or a salary under a contract of service and includes an apprentice or indentured learner.
- Sub-section (1) applies irrespective of whether the contract is expressed or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period and whether the payment is in cash or recognized legal tender.
- The following persons shall not be regarded as employees for purposes of this Act:
- A person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s trade or business;
- Any person employed outside Kenya save as provided in section 11 of this Act;
- A member of the employer’s family dwelling in the employer’s house or cartilage thereof and not for the purpose of employment; or
- A member of the Armed Forces as defined in the Armed Forces Act.
Obligations of Employers
Every employer shall obtain and maintain an insurance policy, with an insurer approved by the Minister in respect of any liability that the employer may incur under this Act to any of his employees.
Life Assistance as defined in the WIBA ACT
If an injury in respect of which compensation is payable causes disablement of such a nature that the employee is unable to perform the essential functions of life without the constant assistance of another person, the Director shall grant an allowance in addition to any other benefit provided for under this Act, towards the cost of such help as may be required for a specified period, which allowance shall be reviewed from time to time.
Death – Meaning loss of life as a result of an accident or occupational disease.
Permanent Total Disability – Means inability to engage in any occupation for which the employee is reasonably qualified by education, training or experience as a result of an accident.
Temporary Total/Partial Disablement – Means temporary inability to engage in ones occupation. (Excluding the first seven days)
Accidental Medical Expense – Any medical expense incurred as a result of an accident.
Funeral expenses – pays an immediate lump sum upon the death, to cater for funeral expenses.
Hospital Cash – Amount paid to one while admitted but subject to 3 night’s window period. Usually paid in lump-sum after discharge
Artificial Appliances – Includes but not limited to walking crutches, wheel chairs, arm strings, neck support, back bands and similar items required by injured employee to support life functions.
Tuition – Tuition costs while incapacitated.
REQUIREMENTS FOR QUOTATION
- Name and nature of business
- List of occupations and respective gross salaries