legal experts, HRs, seasoned quacks et al njooni hapa

Last week, a colleague was involved in a serious accident that left him with compound fructure on his femur, shoulders and arms. He has been unconscious for sometime but he is eventually conscious and undergoing vast treatment and surgeries. In the event, he eventually lost one of his legs. In the event of the accident, he was not on a work related activity but he was returning to work from his leave. He was on a short contract which comes to an end sometime next month, but it was subject to possible renewal. He had a medical cover that is deemed to be effective only when he is under contract. My question is, is there any form of compensation this colleague is eligible for? does WIBA apply here? would denying him a conract extension due to his medical condition or disability be infringing any of his rights since he would have otherwise had his contract extended? what are your thoughts on the medical coverage?

asandi sana.

Kuna insurance…
Sue the owner of the vehicle/and driver…ni ya sacco gani
Nione inbox

Unfortunately, its a private car. Not sure of details bt if there any specifics yu need, I can seek and get in touch.

I am not a legal expert but I think his medical cover insurance should cover the hospital bills…

But experts wanasija

Depends my friend… WIBA is Work Injury Benefit Act policy so the guy must prove to the insurance he was at ‘work’ to which part of the Act(Law) says

For the purposes of this Act the conveyance of an employee to or from the employee’s place of employment for the purpose of the employee’s employment by means of a vehicle provided by the employer for the purpose of conveying employees is deemed to be in the course of the employee’s employment.
For purposes of this section, an injury shall only be deemed to result in serious disablement if the employee suffers a degree of permanent disablement of forty percent or more.

I think from that section you can tell if the guy will be compensated. if it was a private car not a company car itakua ngumu ajabu.

Wiba has the least paid premium but has the best paid commissions to insurance agents ask your self why? First not many people (employee) know about it thus can claim it secondly the rate of claim payments againist wiba cover is very minimal(to prove it ndio kazi) thus insurance companies know it is an easy money to retain thus give agents more commissions to bring Wiba cover.

First of all, pitisha hoja zangu za pole kwa mwenzio.

Halafu as a seasoned quack, akimbie to the nearest lawyer, wamkimbize yule aliyesababisha ajali na madhara haya na ahakikishe amemnyonya vilivyo. Hiyo iwe fallback plan in case kazini waamue hawatamuandikisha mkataba mpya.

I am trying to quantity the loss of a limb and I simply cannot. :frowning: How much would a human leg cost? A million, two, four? This is an event that will change the life of this this person, permanently. Is is worse if he is young. :frowning: NHIF at a public hospital will cover 100% of the costs. If on private insurance, the orthopaedic, theater, intensive care, rehabilitation, etc. costs will obviously be over and above his in-patient limit. NHIF will subsidise. Compensation for the injury should come from the car insurance company. Was he the one driving? Did he own the car? If you engage a lawyer, be prepared to lose 30% or more of the compensation in lawyer fees. Workman’s compensation comes in when the injury was in the course of duty i.e. carrying out a company-related activity. It is highly likely his contract will not be extended (there isn’t much you can do about this; you cannot even cite discrimination on health grounds; they will say his contract wasn’t going to be renewed anyway). Pole sana to your friend. I can imagine the trauma he went through and the distress he is in.

About the medical cover it is what is in the policy documents which he signed is binding. Even if we advise it will be guess work but essentially medical should cover some bills upto the limit but on rebate of Nhif (bed rate).
About contract not being extended coz of his situation it is tricky. The company can refuse to extend the contract citing other flimsy reasons like downsizing, lack of funds. You cant tell till you cross that bridge what will happen. Be hopeful and pole sana for your colleague.

Thank you.Nitarudi na maswali

WIBA? GPA?

Following for info…

Here is my take on the issues in bold.

Compensation under WIBA is made where a person sustains injuries whilst in the course of employment. If your friend was being conveyed in the employer’s motor vehicle back to work, then maybe WIBA would apply. However, if he was not, then his only recourse would be to institute a suit against the owner of the vehicle he was traveling in - or the vehicle which caused the accident. The suit would be for compensation for the injuries and the resulting disability.

The contract between your friend and his employer is a contract of service. He is required to render a service in accordance with the contract. In return, the employer is obligated to remunerate him. If the injuries left him unable to carry out his obligations under the contract, then the contract is vitiated (unenforceable) due to circumstances beyond the Parties’ control. Neither your friend nor his employer can enforce it. It then follows that it would be pointless to even extend such a contract. I do not think it would amount to infringement of any legal rights.

My colleague in previous employment was compensated through GPA, I think it was like 1m. that was in 2012. Her Injury? she fell accidentally stepped in a manhole that dislocated her leg while alighting from her private car when going for a work meeting

pole sana, lakini GPA ndio gani?

Group Personal Accident Insurance

Thanks!