NIGERIAN EMPLOYEES’ COMPENSATION ACT 2010: ISSUES ARISING

Abstract

Apart from motivation of employees in the workplace, another factor that ensures commitment and maximum production in a workplace is the knowledge by an employee that his life is protected against workplace injuries and other hazards that may occur in the course of official duty. An employee, being in the know that there is a social security scheme put in place to address workplace injuries and hazards, is likely to put in his best for his employer. The provision of this social security scheme was the essence of the Workmen’s Compensation Act which was enacted in 1987. However, the Act was largely unsuccessful in meeting the social security objective, and this gave rise to agitations for another statutory intervention. These agitations resulted in the enactment of the Employees’ Compensation Act, 2010. The 2010 Act has made comprehensive provisions for compensation for death, injury, mental stress, occupational disease and other hazards arising in the course of employment. However, since the enactment of the Act, some issues have arisen in the course of interpretation and application of the Act which may likely hamper a smooth and successful operation of the Act. The objective of this paper, therefore, is to appraise these issues. The writers adopt analytical approach with the use of statutes, case law, textbooks, journal articles and Internet materials. At the end, the writers found that, though the 2010 Act made laudable improvements in the employees’ compensation dispensation, there are still a lot of shortcomings that need to be addressed vide a statutory intervention. The writers then recommend amendment of the relevant Nigerian labour statutes to correct the statutory lapses highlighted in the paper.