Compensation for permanent incapacity falls under two headings
- Partial incapacity
- Total incapacity
The workman must have suffered partial loss of his earnings capacity as a result of the loss of a part of the use of a part of the body thus decreasing his ability to earn full wages.
Permanent partial incapacity is expressed by the doctor treating the workman in percentage and may at least range from 1% to 99%
Compensation in respect of permanent partial incapacity is assessed as percentage of 60 months earnings being percentage specified by the medical practitioner as the disability suffered by the workman subject to a minimum of Kshs 35,000 and a maximum of Kshs 240,000.
Compensation for Permanent total incapacity
- In fatal cases, a lump sum of 60 months earnings subject to a maximum of Kshs 240,000 payable where the deceased leaves a person o persons wholly, or partially dependent upon his earnings at the time of his death.
- The amount payable is distributed, between the surviving dependants in accordance with the respective degree to which they were dependent upon the deceased
- A widow who remarries before payment of compensation is still entitled to her share
- Where the dead man leaves behind no dependants reasonable expenses of the burial of the deceased workman subject to a maximum of Kshs 500 is payable by the employer.