I Was Injured At Work & I Don’t Have NHIF… Should My Boss Cater For The Bill?

By Jane Okoth,

“I used to work as a casual laborer at a flower firm based in Limuru. One day while undertaking my normal duties, I fell down and injured myself. The news from the doctor was traumatizing because he advised me not to continue with any strenuous activity as my back was badly hurt.

As if that was not enough, I got an sms from my boss saying that I was to be excused from work because I could no longer perform my duties as usual. I don’t have any NHIF cover. Should my boss cater for my bill since I was injured at work?” asks Celestine Wanyama in an email.

Cases of employees injured in the workplace are rampant leaving their employers faced with the dilemma of dismissing them from work or footing their bills.

Speaking to Fridah Abuya a Human Resource Officer at Virtual HR, she advises that Celestine has a right to sue the company.

“Every employee is entitled to have NHIF cover as long as you are not employed on casual basis,”

However, she adds that things have changed for the better and even casual employees can have access to the cover.

“It is also the responsibility of the employee to ensure they have the cover as it is currently cheap and people can make the contributions via their mobile phones,” she advises.

On the issue of being injured while in the workplace, Ms Abuya affirms that one has a right to be compensated thanks to the WIBA act.

WIBA is an injured beneficiary act of Parliament that seeks to provide for compensation to employees for work related injuries.

She states that employment laws as well as the WIBA act must be adhered to by the employer.

“This is because all employers are entitled to contribute a certain amount annually to cater for the injured employees. However, not all companies do follow the same due process,” she argues.

On the NHIF cover, Ms Abuya says that it is also important to ask the employer to provide you with your NHIF cover.

“It is mandatory for every employee to have a NHIF cover as opposed to the medical cover,” she says.

Her opinion is based on the employment laws that an employee’s salary is supposed to be deducted so as to cover for his NHIF expenses.

“For instance, if my salary reaches a certain percentage, I can take the initiative to register for NHIF as a responsible employee,” she explains.

She further elaborates that “The mistake may arise when my salary is being deducted while the concerned employee is paying his hospital expenses.

Ms Abuya reiterates that it is just a matter of understanding between the employer and the employee.

However, she maintains that a professional employer will ensure that you have the cover because it is against the law to deny you.

Are you having any work related issue that you would like to share?

For workplace advice, contact jane@www.careerpointkenya.co.ke

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