Accidents in the workplace is an unplanned occurrence that is sometimes inevitable in some situations. And many workers have been forced to quit their jobs as a result of lasting injuries from occupational health hazards or injuries from workplace accidents
However, despite the lasting effects of these accidents on victims, they do not get respite or assistance as well as compensation from their organisations.
Are victims of workplace accidents liable to receive compensation and who is liable? Why do legal remedies fail in protection of employees in cases of workplace hazards and accidents?
There are laws in Nigeria that make provisions for liabilities on workplace safety, hazards and accidents. These laws are put in place to protect workers and they place a responsibility on employer; provision of good working conditions for their employees, ranging from safe and healthy environment to provision of safety equipment.
The law further holds that employers must be responsible for certain injuries sustained or diseases contracted by an employee at the workplace and employees may take legal action against employees that fail in this regard. In situations where compensation is paid, it is presented as a favour and not as a right of the victims. Meanwhile, what is given is usually not up to what they should get legally.
And because many employees do not know their rights, organisations get away with not performing their statutory duties in cases of workplace accidents.
What are the legal provisions?
Section 7(2) of Employee’s Compensation Act of 2010 which repealed the Workmen’s Compensation Act (2004), states that the employee is entitled to compensation for any accident suffered between the place of work and the employee’s residence, the place where the employee takes meals, or the place where he usually receives remuneration, provided that the employer has a prior notice of such place.
Section 73 defines an employee as “a person employed by the employer under oral or written contract of employment whether on continuous, part-time, temporary, apprenticeship, or casual basis and also includes domestic servants who is not a member of the family of the employer, including persons employed in any federal, state or local government or their agencies or any formal or informal sector of the economy.”
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There is also the Employee’s Compensation Act of 2010 is an Act to repeal the Workmen’s Compensation Act Cap. W6 LFN, 2004 and to make provisions for compensations for any death, injury, disease or disability arising out of or in the course of employment; and for related matters.
The Act governs the payment of compensation to all employees both in the public and private sectors except members of the armed forces and compels the employer to compensate victims adequately, especially where a case of negligence has been successfully established against the employer.
Also, the Nigerian Labour Act of 1971, which governs employment-related matters and the relationship between an employer and employee in Section 91 says an employee as any person, who has entered into or works under a contract with an employer, whether the contract is for manual labour or clerical work or is expressed or implied or oral or written, and where it is a contract of service or a contract personally to execute any work or labour.”
Based on the law, any individual can claim compensation under the Act for death, disease and permanent deformity as long as the victim can establish he or she is or was an employee of the employer.
