AN APPRAISAL OF EMPLOYEES’ COMPENSATION UNDER NIGERIAN LAW
AN APPRAISAL OF EMPLOYEES’ COMPENSATION UNDER NIGERIAN LAW
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Date
2014-07
Authors
PETER, Daniel
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Abstract
Over the years, laws have generally evolved ways and grounds of compensating
employees for job-related disabilities and risks, because, in man’s search for food
and other necessaries in life, he is constantly exposed to hazards. What provoked
this research was the need for an appraisal of the employees’ compensation under
Nigerian law. Employees’ Compensation Act 2010 is the present Act governing
compensation for job-related risks in Nigeria. This research adopted a doctrinal
method and empirical method. The empirical method adopted is the interview
method conducted at the headquarters of the Nigeria Social Insurance Trust
Management Board. The doctrinal method explored relevant Acts, case laws,
textbooks, journals, literature etc for a good understanding of the provisions of the
Employees’ Compensation Act, 2010.There is an attempt by the Act to simplify the
procedure and requirements for claim of compensation but some inherent problems
exist;. Findings in the research revealed that the Board has not made the Rules
which the Act empowers it to make in respect of some cases of compensation whose
scales are not contained in the Act. Also, the research also revealed some likely
enforcement problems within the informal sector. Findings revealed that job-related
‘mental stress’ has for the first time been introduced as a ground for compensation
of employees in Nigeria but there are still some inadequacies in the provisions; for
example, ‘mental stress’ is not compensable if it results from an injury for which the
affected employee is otherwise entitled to compensation. Findings among others
also reveal that there exist too much discretionary powers bestowed on the Board
(Nigeria Social Insurance Trust Fund Management Board) the body that the Act
empowers to manage the Fund established in the Act. Health care benefits are
discretionary and are only mandatory in cases of occupational diseases. There
should be compensation for ‘mental stress’, irrespective of whether or not it results
from an injury for which the affected employee is entitled to compensation. Payment
for health care services and disability supports should be made a right in all
established cases. The Board should hasten up to make the required Rules which
shall provide the scales of compensation not captured in the Act or the Act be
amended to capture all the scales of compensation in its provisions. The Board
should partner with all village and district heads in enforcing the scheme at the
informal sector
Description
Being a Thesis Submitted to the Faculty of Law, Ahmadu Bello University,
Zaria in Partial Fulfilment of the Requirements for the Award of Master of
Laws Degree --LLM.
JULY, 2014
Keywords
APPRAISAL,, EMPLOYEES’,, COMPENSATION,, NIGERIAN LAW