22/10/2023
Discussing commuter accidents
In Kenya, we have what we refer to as "an employer liability legislation in WIBA".... a clearer way to understand the legislation is "does the employer have control in creating a safe work environment where the accident happened?"....... this is why unless the employee is in a vehicle owned by or operated under the direction or control of the employer, it is exempted from the provisions of WIBA.
If however we get into the social insurance basis of work injury compensation, then the probable clause can be effected and commutal accidents may be considered for compensation.
Many countries that have social insurance system for work injury have included commuter accidents as occupational and payable.