An employee should submit to medical aid once he is injured so as not to prolong or make the injury serious.

An employee should submit to medical aid once he is injured so as not to prolong or make the injury serious. Section 13(b) of Work Injuries Benefits Act states that if an employee got injured in the course of employment but due to one’s own negligence their injury gets worse or death occasions, the Director in charge of awarding compensation, may decline to award the compensation. An example would be where a person got injured at their work place, and failed to report or go to the hospital. Thereafter the person’s delay in getting medical assistance out of his own choice aggravates the injury and dies as a result of it. The Director is at liberty to deny an award in such a case because the cause of extended injury and death was occasioned by that person. This provision states that an employee will not be compensated when death or disablement is caused, prolonged or aggravated by the unreasonable refusal or willful neglect of the employee to submit to medical aid. Redland Roses Limited v Hiribo Mohammed Fukisha [2015] eKLR However, there are several specified limitations to recovery of compensation under the Act. As S.35 (1) (b) provides, the provisions of the Act relating to recovery of compensation for incapacity or death resulting from accident mutatis mutandis applies to the recovery of compensation resulting from occupational diseases. Indeed, S.37 (2) specifically provides that section 13 of the Act apply to recovery of compensation for occupational disease. http://kenyalaw.org/caselaw/cases/view/105786

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