An employee has a duty to issue a notice of occupational disease to an employer to be given as soon as possible and in writing

An employee has a duty to issue a notice of occupational disease to an employer to be given as soon as possible and in writing. Section 41 of the Work Injury Benefits Act provides that at the commencement of an occupational disease an employee shall as soon as possible give a written notice to the employer in the prescribed form. Julius Chacha Mwita v Kenya Airways Limited & another [2015] eKLR. The court stated as follows: The Petitioner in relying on Section 21(3) of the Occupational Safety and Health Act, which provides that where an accident in a work place causes non-fatal injuries to a person therein, the employer shall send to the area Occupational Safety and Health Officer, a written notice of the accident in the prescribed form within seven days of the occurrence of the accident. The employee is obliged to give notice of the accident to the employer verbally.  The court emphasized this requirement in the case of Julius Chacha Mwita v Kenya Airways Limited & another [2015] eKLR, http://kenyalaw.org/caselaw/cases/view/112319

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