Court Rules On Workers’ Compensation After Suffering Permanent Injury
A court has ruled that workers who suffer permanent disability may still secure compensation for reduced earning ability even when they cannot prove their exact salary.
A Chief Magistrates Court on August 26 ordered the Nakuru County Government to pay Ksh4.1 million after finding it fully liable for injuries that left a worker permanently disabled.
Although the worker did not provide sufficient records to establish his actual salary, the court found that this did not prevent him from seeking compensation for his reduced ability to earn.
“There is no reliable evidence of his monthly or annual income from which such a mathematical calculation can properly be made,” read an official court document.
“That, however, does not defeat his claim for loss of earning capacity. The evidence establishes that the Plaintiff was working as a driver before the accident and that he has now lost his right leg.”
According to the document, the case was filed after the worker lost his right leg following complications that arose while he was receiving treatment for injuries sustained in a road accident.
The worker told the court that negligence in the treatment and monitoring of his injuries contributed to the deterioration and left him unable to continue working as a driver.
He had been driving a public service vehicle when a December 2021 accident left him with serious fractures and extensive injuries to his right leg.
The driver was initially treated before being transferred to Nakuru Level 5 Hospital, where his wounds were managed, but his condition later worsened after an infection developed.
ALSO READ:
- Court Rules On Workers’ Compensation After Suffering Permanent Injury
- U.S Gov’t Pumps Ksh0.9 Billion Into Kenya’s Police Service In New Deal
- Questions Over Procurement Of Newly Unveiled Police Uniform, Murkomen Defends Decision
- Court Sentences THREE Kamiti Escapees Fresh 15 Years Each
- Protests Erupt In Nairobi CBD As Traders March Towards KRA Offices, Decry Exorbitant Taxes
Subsequently, he was referred for specialised treatment, but doctors were unable to save the leg and eventually amputated it.
The Nakuru County Government did not enter an appearance or file a defence and did not provide evidence disputing the allegations or the medical records presented in court.
As a result, the court held the county fully liable for the injuries and losses proved by the worker.
The court awarded Ksh800,000 for loss of earning capacity, alongside Ksh3 million for pain and suffering and Ksh300,000 for a prosthetic limb.
The judge’s determination offers a safeguard to workers who suffer permanent disabilities.
This ruling allows workers to seek compensation for reduced earning ability even without proving an exact salary, where evidence shows their capacity to work and earn has been substantially affected.
Court Rules On Workers’ Compensation After Suffering Permanent Injury
