Employee's Compensation Act, 2010

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EMPLOYEE'S COMPENSATION ACT, 2010
EXPLANATORY MEMORANDUM
This Act repeals the Workmen's Compensation Act Cap. W6 Laws of the Federation of Nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of employment.
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EMPLOYEE'S COMPENSATION ACT, 2010
ARRANGEMENT OF SECTIONS
SECTION -
PARTl PRELIMINARY PROVISIONS
1. Objectives of the Act 2. Scope and application, etc. 3. Exemptions
PART II PROCEDURES FOR MAKING CLAIMS
4. Employee's notification of injury 5. Employer's obligation to report death, injury or disease of an employee 6. Application for compensation
PART III COMPENSATION FOR DEATH, INJURY OR DISEASE
7. Compensation for Injury 8. Compensation for mental stress 9. Compensation for occupational disease 10. Compensation for hearing impairment 11. Compensation for injuries occurring outside the normal workplace 12. Limitation of actions, subrogation, etc. 13. Compensation cannot be waived 14. Contribution by employees for compensation prohibited IS. Compensation not assignable or liable to attachment 16. Vocational rehabilitation, etc.
PART IV SCALE OF COMPENSATION
17. Compensation in fatal cases 18. Compensation relating to enemy warlike actions 19. Period for making payments 20. Proof of existence of dependants 21. Permanent total disability 22. Permanent partial disability or disfigurement 23. Period of payment for permanent total or partial disability 24. Temporary total disability 25. Temporary partial disability
26. Health care and disability support 27. Duty of accredited medical practitioner and other specialists 28. Retirement benefits 29. Payment of retirement benefits 30. Reconsidering benefits
PART V POWERS AND FUNCTIONS OF THE BOARD
31. Powers of the Board 32. Functions of the Board
PART VI EMPLOYERS' ASSESSMENT AND CONTRIBUTIONS
33. Employers' contribution to the Fund 34. Assessments 35. Assessment Payable 36. Liability for assessment, etc 37. Assessment rates 38. Employer classification 39. Employer to provide estimate of payrolls 40. Statement and estimate of earnings 41. Employer's experience accounts 42. Super assessment 43. Merit rating 44. Liability for assessment of independent contractors and sub-contractors 45. Security for payment of assessment or provision of security 46. Penalty for non-payment of assessment or provision of security 47. Decision of the Board 48. Provisional assessment 49. Temporary industry 50. Employer commencing or recommencing a business 51. Employer ceasing to be an employer 52. Records of remuneration and operations 53. Examination 54. Enforcement powers 55. Right ofappeaJ
PART VII FINANCIAL PROVISIONS
56. Establishment of the Compensation Fund 57. Management of the Fund, etc. 58. Expenditures of the Fund 59. Annual estimates, etc.
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60. Accounts and audit G 1. Annual reports, etc.
PART VIII ESTABLISHMENT OF THE INVESTMENT COMMITTEE, ETC
62. Establishment of the Investment Committee 63. Functions of the Investment Committee
PART IX MISCELLANEOUS PROVISIONS
64. Power to make regulations 65. Providing false information 66. Confidentiality 67. Non-Compellability 68. Records and notices 69. Illiteracy 70. Priority as to amounts due to the Fund in the case of employer's insolvency 71. General penalty 72. Repeal of Cap. 470 LFN and Savings 73. Interpretation 74. Citation
Schedules
EMPLOYEE'S COMPENSATION ACT, 2010
A Bill For
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.
[ ]
ENACTED by the National Assembly of the Federal Republic of Nigeria
I. PART I - PRELIMINARY PROVISIONS The objectives of the Act are to ~
(a) provide for an open and fair system of guaranteed and adequate compensation for all employees or their dependants for any death, injury, disease or disability arising out of or in the course of employment;
(b) provide rehabilitation to employees with work-related disabilities as provided in this Act;
(c) establish and maintain a solvent compensation fund managed in the interest of employees and employers;
(d) provide for fair and adequate assessments for employers;
(e) provide an appeal procedure that is simple, fair and accessible, with minimal delays; and
(f) combine efforts and resources of relevant stakeholders for the prevention of workplace disabilities, including the enforcement of occupational safety and health standards.
2. (1)Subject to the provisions of sections 3 and 70 of this Act, this Act shall apply to all employers and employees in the public and private sectors in the Federal Republic of Nigeria.
(2) The Nigeria Social Insurance Trust Fund Management Board (in this Act referred to as "the Board") shall have power to implement this Act and the Fund established under section 56 of this Act.
Commencement
Objectives of the Act
Scope and application. etc.
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3. Without prejudice to the generality of the provisions of section 2 of this Act, Lxcmption, this Act shall not apply to any member of the armed forces of the Federal Republic of Nigeria other than a person employed in a civilian capacity.
4.
PART 11- PROCEDURES FOR MAKING CLAIMS
(I) In every case of an injury or disabling occupational disease to an employee in a workplace within the scope of this Act, the employee, or in case of death the dependant, shall within 14 days of the occurrence or receipt of the information of the occurrence, inform the employer by giving information of the disease or injury to a manager, supervisor, first- aid attendant, agent in charge of the work where the injury occurred or other appropriate representative of the employer, and the information shall include -
(a) the name of the employee; (b) the time and place of the occurrence; and (c) in ordinary language, the nature and cause of the disease or injury if
known.
(2)ln the case of a disabling occupational disease, the employer to be informed of the death or disability is the employer who last employed the employee in the employment to the nature of which the disease was due.
(3) The employee shall, if he or she is fit to do so and on request of the employer, provide to the employer particulars of the injury or occupational disease on a form prescribed by the Board, and supplied to the employee or the dependant by the employer.
(4) Failure to provide the information required under sub-section (1) of this section is a bar to a claim for compensation under this Act, unless the Board is satisfied that the -
(a) information, although imperfect in some respects, is sufficient to describe the disease or injury suffered;
(b) employer or the employer's representative had knowledge of it; or
(c) employer has not been prejudiced, and the Board considers that the interests of justice requires that the claim be allowed.
5, (1) Subject to sub-section (6) of this section, employer shall report to the Board and the nearest office of the National Council for Occupational Safety and Health in the State within 7 days of its occurrence every injury to an employee that is or is claimed to be one arising out of and in
Employee's nutific.uion or injury
Employer's obligauon to report death. il~lury or d iseasc of all employee
the course of employment.
(2) Subject to sub-section (6) of this section, an employer shall report to the Board, within 7 days of receiving information under section 4 of this Act, every disabling occupational disease or claim for or allegation of an occupational disease.
(3) An employer shall, immediately, report the death of an employee arising out of and in the course of employment to the Board and to the local representati ve of the Board.
(4) A report under this section shall be III such form and manner as prescribed by the Board and shall state -
(a) the name and address of the employee; (b) the time and place of the disease, injury or death; (c) the nature of the injury or alleged injury; (d) the name and address of any specialist or accredited medical
practitioner who attend to the employee; and (e) any other particular required by the Board under this Act or
any regulation made thereunder,
and such report may be made by mailing the copies of the form addressed to the Board at the address the Board prescribes.
(5) The failure to make a report required under this section, unless allowed by the Board on the ground that the report for some sufficient reason could not have been made, constitutes an offence under this Act.
(6) Without prejudice to the generality of the provisions of this section, the Board may, by regulation, define and prescribe a category of minor injuries not required to be reported under this section.
(7) The Board shall verify if the injury or disease for which a claim for compensation is raised has been reported to the National Council for Occupational Safety and Health Office in the State where the accident or disease occurred as required under section 30 of the Occupational Safety and Health Act, 2005 prior to the settlement of such claim.
6.
(8) The Board may make rules of procedures for making claims for compensation under this Act. (I) An application for compensation shall be made on the form prescribed by
the Board and shall be signed by the employee or the deceased employee's dependant.
(2) Unless an application is filed or a determination is made within 011(; year
Appficunon J(lr compensation
after the date of death, injury or disability arising from an occupational accident or disease, no compensation shall be payable, except as otherwise provided in sub-section (3) of this section.
(3) If the Board is satisfied that there existed special circumstances which precluded the filing of an application within one year after the date of the occurrence, the Board may pay the compensation provided by this Act if the application is filed within 3 years after that date.
(4) The Board may pay the compensation provided under this Act for the period commencing on the date the Board received the application [or compensation if -
(a) the Board is satisfied that special circumstances existed which precluded the filing of an application within one year after the date referred to in sub-section (2) of this section; and
(b) the application is filed not more than 3 years after the date referred to in sub-section (2) of this section.
(5) Notwithstanding the time limits set in sub-sections (2) and (3), the Board may pay the compensation for an occupational disease provided under this Act if-
(a) sufficient medical or scientific evidence was not available on those dates for the Board to recognize the disease as an occupational disease and this evidence became available at a later date; and
(b) the application is re- filed.
7.
PART III - COMPENSATION FOR DEATH, INJURY OR DISEASE (1)Any employee, whether or not in a workplace, who suffers any disabling
injury arising out of or in the course of employment shall be entitled to payment of compensation in accordance with Part IV of this Act.
(2)An employee is entitled to payment of compensation with respect to any accident sustained while on the way between the place of work and -~
(a) the employee's principal or secondary residence; (b) the place where the employee usually takes meals; or (c) the place where he usually receives remuneration,
provided that the employer has prior notification of such place.
(3) Where an injury disables an employee from earning full remuneration at the workplace, compensation shall be payable pursuant to this Act fr0111
Compensation Ior injury
the first working day following the day of the injury, except that only a health care benefit shall be payable in respect of the day of the inj ury.
(4) Where the injury or disease is caused by accident and the accident arose out of the employment, unless the contrary is shown, it shall be presumed that the injury occurred in the course of the employment.
(5) Where an injury or disease is superimposed on an already exisung disability, compensation shall be allowed only for the proportion of the disability following the personal injury or disease that may reasonably be attributed to the personal injury or disease, the measure of the disability attributable to the personal injury or disease shall, unless the contrary is shown, be the amount of the difference between the employee's disability before and disability after the occurrence of the personal injury or disease.
8. (I) Subject to sub-section (2) of this section, an employee shall be entitled to compensation for mental stress not resulting from an injury for which the employee is otherwise entitled to compensation, only if the mental stress IS ~
(a) an acute reaction to a sudden and unexpected traumatic event arising out of or in the course of the employee's employment; or
(b) diagnosed by an accredited medical practitioner as a mental or physical condition amounting to mental stress arising out of the nature of work or the occurrence of any event in the course of the employee's employment.
(2) Where the mental stress is caused as a result of the decision of the employer to change the work, the working conditions of work organization in such a way as to unfairly exceed the work ability and capacity of the employee thereby leading to mental stress, such situation shall be liable to compensation to the degree as may be determined under any regulation made by the Board.
(3) For the purposes of ascertaining the conditions under sub-sections (1) and (2) of this section, the Board may appoint a Medical Board of Inquiry consisting of relevant specialists to review the situation to determine whether or not the employee is entitled to compensation for mental stress.
9. (1) Where~
(a) an employee suffers from an occupational disease and is disabled from earning full remuneration at the workplace;
(b) the death of an employee is caused by an occupational disease;
Compensation tor mental stress
Compensation for occupational disease
(c) the disease is shown to be due to the nature of any employment in which the employee was employed, whether under one or more employments; or
(d) an employee suffers from any occupational disease listed 111 the First Schedule to this Act,
compensation and health care benefits shall be payable under this Act.
(2) For the purposes of this section, the date of disability shall be treated as the date of occurrence of the disability.
(3) Any employee in any workplace who becomes disabled from any uncomplicated disease or from any disease complicated by any other disease, condition or factor shall be entitled to compensation for total or partial disability or as shall be determined under this Act.
(4) Where death results from any disability under sub-section (3) of this section, the dependants of the employee shall be entitled to compensation under this Act, except that neither the employee nor a dependant shall be entitled to compensation for the disability or death unless the employee -
(a) has been in the employment in a workplace associated with exposure to an agent or agents leading to that condition; and
(b) was free from the disease and complicating disease before being first exposed to the agent causing the disease in the workplace.
(5) Where an employee has been exposed to the agent causing the disease in two or more classes or sub-classes of industry in the workplace, the Board may apportion the cost of compensation among the funds provided by those classes or sub-classes on the basis of the duration and severity of the exposure in each.
(6) Where a deceased employee was, at the date of death, under the age of 70 years and suffering from an occupational disease of a type that impairs the capacity of the vital organs of non-traumatic origin, it shall be presumed that the death resulted from the occupational disease.
(7) The compensation payable for occupational disease may, in addition to the provisions of this section of this Act, be determined by regulations made by the Board.
(8) For the purposes of ascertaining occupational disease under this section.
10.
the Board may appoint a Medical Board of Inquiry consisting of relevant specialists to review the situation to determine whether or not the employee is entitled to compensation.
(1) Where an employee suffers from hearing impairment of non-traumatic origin, but arising out of or in the course of employment under this Act, the employee shall be entitled to compensation under this Act.
(2) Where the hearing impairment referred to in sub-section (I) of this section amounts to total deafness, but with no loss of earnings resulting from the hearing impairment, compensation shall be calculated as may be provided by regulations made by the Board under this Act in consultation with the National Council for Occupational Safety and Health in respect of -
(a) the ranges of hearing impairment; (b) the percentages of disability; (c) the methods or frequencies to be used to measure hearing
impairment; and (d) any other matter relating to hearing impairment.
(3) If a loss or reduction or earnings results from the hearing impairment the employee shall be entitled to compensation for a total or partial disabilit , as established under this Act.
(4) Any compensation paid for the hearing impairment of an employee under sub-section (3) of this section shall not be less than the amount determined under sub-section (2) of this section.
(5) Where a hearing impairment under this section is superimposed on an already existing hearing impairment, compensation shall be allowed only for the proportion of the impairment following the hearing impairment that may reasonably be attributed to the exposure in two or more classes or sub-classes of industry in a workplace, unless the contrary is shown, and the amount of compensation shall be the difference between the employee's impairment before and impairment after the occurrence of the last exposure.
(6) Where an employee suffers from hearing impairment caused by exposure to causes of hearing impairment in two or more classes or sub-classes of industry in a workplace, the Board may apportion the cost of compensation among the funds provided by those classes or sub-classes on the basis of the duration or severity of the exposure in each.
(7) An application for compensation under this section shall be accompanied or supported by-
Curnpcrsation lor hearing uupurrmcnt
(a) a report of a medical practitioner who specializes in ailments of ear or hearing accredited by the Board;
(b) an audiogram and a report by the employer of the working environment where the employee has been in employment; or
(c) other evidence of hearing impairment, as the Board may, from time to time, determine.
(8) For the purposes of sub-section (7) of this section, the Board may, in consultation with the Nigerian Medical and Dental Practitioners Council and other relevant professional bodies, make rules, regulations and guidelines for accreditation of medical practitioners and other specialists.
II. Where the injury to an employee occurs while the employee is working outside the normal workplace which would otherwise entitle the employee to compensation under this Act if the injury occurred in the workplace, compensation shall be paid to the employee under this Act if ~
(a) the nature of the business of the employer extends beyond the usual workplace;
(b) the nature of the employment is such that the employee is required to work both in and out of the workplace; or
(c) The employee has the authority or permission of the employer to work outside normal work place.
12. (1) The provisions of this Act are in lieu of any right of action, statutory or otherwise, founded on a breach of duty of care or any other cause of action, whether that duty or cause of action is imposed by or arises by reason of law or contract, express or implied, to which an employee, dependant or member of the family of the employee is or may be entitled against the employer of the employee, or against any employer within the scope of this Act, or against any employee, in respect of any death, injury or disability arising out of and in the course of employment and where no action in respect of it lies.
(2) The provisions of sub-section (1) of this section shall apply only when the action or conduct of the employer, the servant or agent of the employer or the employee, which caused the breach of duty, arose out of and in the course of employment within the scope of this Act.
(3) Where the cause of death, injury or disability of an employee is such that an action lies against some person, other than an employer or employee. the injured employee or deceased employee's dependant may claim compensation or may bring an action and if the employee or dependant elects to claim compensation, the employee or dependant shall do so within 6 months of the occurrence of the injury or death or any longer period, as the Board may, from time to time, determine and an election
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Compensation k'f injuries occuumg outside the normal workplace
Limitation of actions, subrogation, etc
by the employee or dependant to bring an action in court shall be a bar to claim compensation from the Fund in respect of such injury, disability or death.
(4) Where the Board is satisfied that, due to physical or mental disability, an employee is unable to exercise his or her right of election under sub- section (3) of this section, and an undue hardship results, the Board may pay the compensation under this Act until the employee is able to make an election and if the employee then elects not to claim compensation, no further compensation may be paid, but the compensation so paid shall be a first charge against any sum recovered.
(5) An application for compensation filed by a parent or guardian on behalf of any dependant of a deceased employee, who is under 18 years of age, shall be a valid election under this section.
(6) If the employee or dependant applies to the Board claiming compensation under this Act, neither the making of the application nor the payment of compensation under it restricts or impairs any right of action against the party liable, but as to every such claim, the Board is subrogated to the rights of the employee or dependant and may maintain an action in the name of the employee or dependant or in the name of the Board, and if more is recovered and collected than the amount of the compensation to which the employee or dependant would be entitled under this Act, the amount of the excess, less costs and administration charges shall be paid to the employee or dependant.
(7) The Board shall, with respect to the provisions of sub-section (6) of this section, have exclusive competence to determine whether to maintain an action or compromise the right of action and its decision shall be final.
(8) Nothing in this Act shall prevent an employer of the injured or deceased from maintaining an action upon contract or indemnity agreement against another employer or independent contractor in respect of the personal injury or death of an employee.
(9) Where the Board is of the OpInIOn that another employer or an independent contractor caused the injury or death of the employee referred to in sub-section (8) of this section, it may order that the compensation be charged in whole or in part to the other employer or independent contractor.
(10) In any action brought under this section, an award for damages shall include·
(a) health care provided under section 26 of this Act; and
(b) remuneration paid by an employer during the period of disability for which regard has been had by the Board, or would have been had if the employee had elected to claim compensation, in fixing the amount of a periodical payment of compensation.
13. (1) No employee shall agree with his employer to waive or to forego any benefit or right to compensation to which the employee or the dependants are or may become entitled under this Act.
(2) Any agreement in whatever form between the employer and the employee in contravention of sub-section (1) of this section shall be void and unenforceable.
14. (1) No employer shall, either directly or indirectly, deduct from the remuneration of an employee any part of a sum which the employer is or may become liable to pay into the Fund established under section 56 of this Act, or to require or permit the employee to contribute in any manner towards indemnifying the employer against a liability which the employer has incurred or may incur under this Act.
(2) Any person who contravenes the provisions of sub-section (1) of this section, commits an offence and shall -
(a) be liable on conviction to imprisonment for a term not exceeding I year or to a fine of not less than WIOO,OOO.OO or to both such imprisonment and fine; and
(b) in addition to the penalty in paragraph (a) of this sub-section, repay to the employee any sum which has been so deducted or otherwise contributed from the remuneration of the employee.
(3) Where the offence in sub-section (2) was committed by a body corporate, it shall -
(a) be liable on conviction to a fine of not less than WI, 000, 000; and (b) in addition to the penalty in paragraph (a) of this sub-section,
repay to the employee, any sum which has been so deducted or contributed from the remuneration of the employee.
15. A sum payable as compensation or by way of computation of a periodic payment in respect of it shall not be assigned, charged or attached, nor shall it pass by operation of the law except to a personal representative, and a claim shall not be set off against it except for money advanced by way of financial or other social welfare assistance owing to the Federal, State or Local Government, or for money owing to the Board.
16. (l) The Board may, in getting an injured employee back to work or 111
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Compensation cannot be waived
Conmbutinn b) employees lor cumpcnsatinn prolubucd
Compensation nul cssrgnablc or liable 10 attuchmcnt
VOC81ioll.1I rehabilitatinn.
assisting to lessen or remove a resulting disability, take any measure and etc make the expenditures from the Fund that it considers necessary or expedient, regardless of the date on which the employee first became entitled to compensation.
(2) The Board may, where it considers it necessary, provide counseling services to dependants.
17.
PART IV -SCALE OF COMPENSATION (l) Where death results from the injury of an employee, compensation shall
be paid to the dependants of the deceased- Compensauon lL1 fatal cases
(a) where the deceased employee leaves dependants wholly dependent on his earnings a widow or widower -
(i) and two or more children, a monthly payment of a sum equal to 90 per cent of the total monthly remuneration of the employee as at the date of death,
(ii) and one child, a monthly payment of a sum equal to 85 per cent of the total monthly remuneration of the deceased employee as at the date of death,
(iii)without a child who, at the date of death of the employee, is 50 years of age or above, or is an invalid spouse, a monthly payment of a sum equal to 60 per cent of the total monthly remuneration of the deceased employee, and
(iv)who, at the date of the death of the employee is not an invalid spouse, is under the age of 50 years and has no dependent children;
a monthly payment of a sum that is equal to the product of the percentage determined by subtracting 1 per cent from 60 per cent for each year for which the age of the dependant, at the date of death of the employee, is under the age of 50 years, and provided that the total percentage shall not be less than 30 per cent;
(b) where there is no survivmg spouse eligible for monthly payments under this section, and the-
(i) dependant is a child, a monthly payment of a sum equal to 40 per cent of the total monthly rate of compensation under this Act that would have been payable if the deceased employee had, at the date of death, sustained a permanent total disability,
(ii) dependants are 2 children, a monthly payment of a sum equal to 60 per cent of the monthly rate or
compensation under this Act that would have been payable if the deceased employee had, at the date of death, sustained a permanent total disability, or
(iii) dependants are 3 or marc children, a monthly payment of a sum equal to 80 per cent of the total monthly rate of compensation under this Act that would have been payable if the deceased had, at the date of death, sustained a permanent total disability;
(c) monthly payments to eligible children under this Act shall be made to children up to the age of 21 or until they complete undergraduate studies, whichever comes first;
(d) where the surviving child is disabled, the Board shall determine the period of the monthly payment for such time as the Board believes that the disabled child would not have been dependent on the deceased employee;
(e) where the deceased employee does not leave a dependent spouse or child entitled to compensation under this section, but leaves other dependants or next of kins who were wholly dependent on him or her, the Board shall determine a sum reasonable and proportionate to the pecuniary loss suffered by such dependants or next of kins by reason of death of the employee;
(f) where - (i) no compensation is payable under subsection (1) (a)-(e)
of this section; or
(ii) the compensation is payable only to a spouse, a child or children or a parent or parents;
but the employee leaves a spouse, child or parent who, though not dependent on the remuneration of the employee at the time of the death of the employee, had a reasonable expectation of pecuniary benefit from the continuation of the life of the employee, the Board shall make monthly payment of an amount to be determined by the Board to such spouse, child or children, parent or parents; and
(g) where the employee leaves no dependent widow or widower, or the widow or widower subsequently dies, and the Board considers it desirable to continue the existing household, and when a suitable person acts as a foster parent or an administrator of the estate of the deceased employee in keeping up the household and taking care of and
· : t (.• - ...., ',-
maintauung the children entitled to compensation, in a manner satisfactory to the Board, the same allowance shall be payable to the foster parent or administrator and on behalf of the children as would have been payable to a widow or widower and children, and shall be continued as long as those conditions continue.
(2) Where a disabled spouse ceases to be disabled, or a widow or widower with dependent children no longer has dependent children or there is a reduction in the number of dependent children, the spouse, widow, widower or children shall be entitled to the same category of benefits as would have been payable if the death of the employee had occurred on the date the disabled spouse ceases to be disabled or the widow or widower no longer has dependent children or the number of dependent children is reduced, as the case may be.
(3) Where there is a widow or widower and a child or children, and the widow or widower subsequently dies, the allowances to the children shall, if they are in other respects eligible, continue and be calculated in the same manner as if the employee had died leaving no dependent spouse.
(4) Where at the date of death a spouse is not disabled, but is suffering fr0111 a disability that results in a substantial impairment of work ability and earning capacity, the Board may, having regard to the degree of disability or the extent of impairment of work ability or earning capacity, pay the spouse a proportion of the compensation that would have been payable if the spouse had been disabled.
(5) For the purpose of this Act, where 2 employees in a workplace are married to each other and both are contributing to the support of a common household, each is deemed to be a dependant of the other.
(6) Where 2 parents contribute to the support of a common household in which their children also reside, the children are deemed to be dependants of the parent whose death is compensable under this Act.
(7) Where compensation is payable as the result of the death of an employee, or of injury resulting in death, and where at the date of death the employee and dependant spouse were living separate and apart and there was -
(a) in force at the date of death a court order or separation agreement providing periodic payments for support of the dependent spouse or children living with that spouse, no compensation under sub- section (1) of this section shall be payable to the spouse or
children living with the spouse, but monthly payments shall be made in respect of that spouse and those children equal to the periodic payments due under the order or agreement; or
(b) no court order or separation agreement in force at the date of death providing periodic payments for support of the dependent spouse, or children living with that spouse, and the employee and dependent spouse were-
(i) living separate and apart for a period of less than 3 months preceding the date of death of the employee, compensation shall be payable in accordance with the provisions of sub-section (1) of this section, or
(ii) separated with the intention of living separate and apart for a period of 3 months or longer preceding the death of the employee, monthly payments shall be made up to the level of support which the Board believes the spouse and those children would have been likely to receive from the employee if the death had not occurred.
(8) The compensation payable under sub-section (7) of this section shall not exceed the compensation that would have been payable under sub- section (1) of this section had there been no separation.
(9) Where an employee has lived with and contributed to the support and maintenance of a wife or husband and the employee and the wife or husband have -
(a) no children, for a period of3 years; or
(b) children, for a period of one year, immediately preceding the death of the employee, and where the employee does not leave a dependent widow or widower, the Board may pay the compensation to which a dependent widow or widower would have been entitled under this Act to the wife or husband,
(10) Where-
(a) an employee has lived with and contributed to the support and maintenance of a wife or husband for the period set out in sub-section (9) of this section;
(b) an employee also left, surviving, a dependent widow or widower from whom, at the date of death, the employee was living separate and apart; and
(c) there is a difference in the amount of compensation payable to the
widow or widower by reason of the separation and the amount or compensation that would have been payable to that spouse if that spouse and the employee had not been Iiving separate and apart,
the Board may pay compensation to the wife or husband up to the amount of the difference.
(11) Where in any situation there is a need to apportion allowances payable to dependants among those dependants, the formula for apportionment shall be determined by the Board, unless the Board has grounds for a different apportionment, the sharing formula shall be where there -
(a) is a dependent spouse and one child, two-thirds to the dependent spouse and one-third to the child;
(b) is a dependent spouse and more than one child, half to the dependent spouse and half among the children in equal shares; and
(c) are children but no dependent spouse, among the children in equal shares.
(12) If a dependant is entitled to receive compensation as a result of the -
(a) death of an employee; and (b) subsequent death of another employee,
the total compensation payable for the dependant as a result of those deaths shall be an amount that the Board has reasonable grounds to believe is appropriate, provided that the compensation payable to D dependant shall not be- (a) less than the highest of the amounts that would otherwise be
payable in respect of the death of any of the employees; and (b) more than 90 per cent of the average remuneration of an
employee.
(13) Where a situation arises that is not expressly covered by this section, or where some special additional facts are present that would, in the opinion of the Board, make the strict application of this section inappropriate, the Board may make rules and take decisions it considers fair in the circumstances.
18. Where death, injury, disability or disease of an employee occurs in the course of the employment as a direct result of enemy warlike action or counteraction and provision has been made for compensation in respect of such action for the employee or the deceased employee's dependants by the Government, the employee, or his or her dependants are entitled to compensation under this Act only when the compensation provided by the Government is less than
Cornpensatinn relating 10 enemy warl ike acuons
that provided by the Act, and shall be only to the extent of the difference.
19. The Board shall make monthly payments under this Act for the life of the person to whom the payment is to be made, unless a shorter period applies under the provisions of this Act, or as the Board may, from time to time by regulations, specify.
20. The Board may, from time to time, require the proof of the existence and condition of dependants in receipt of compensation payments that is deemed necessary by the Board, and pending the receipt of that proof, the Board may withhold further payments.
21 (1) Subject to this Act, if a permanent total disability results from the injury of an employee, the Board shall pay to the employee compensation that is a periodic payment equal to 90 per cent of the remuneration of the employee.
(2) The compensation awarded under this section shall be payable monthly.
22. (1) Subject to this Act, if a permanent partial disability results from the injury of the employee, the Board shall -
(a) estimate the impairment of earning capacity from the nature and degree of the injury; and
(b) pay the employee's compensation that is a periodic payment equal to 90 per cent of an estimate of the loss of remuneration resulting from the impairment.
Period I{11 Illakjng pilytlll.:nb
J'wufof ex rstence of depend.nus
Pennnnent totul disability
Permanent pm1 i~ll disuhiluyor drsfigurcmcnt
(2) The compensation referred to in sub-section (1) of this section shall be determined and calculated in accordance with the Second Schedule to Second Schedule this Act.
(3) The Board may, by regulations published in the Federal Gazette, revise or amend the Second Schedule to this Act. Second Schedule
(4) Subject to this Act, if - (a) a permanent partial disability results from the injury of an
employee; and (b) the Board makes a determination under sub-section (5) of this
section with respect to the employee,
the Board may pay the employee compensation with a periodic payment that is equal to 90 per cent of the difference between the remuneration of the worker before the injury and whichever of the following amounts the
Board considers better represents the loss of earnings or the employee the remuneration that -
(i) the emplo yee is earning after the injury; or
(ii) the Board estimates the employee is capable of earning in a suitable occupation after the injury.
(5) A payment may be made under sub-section (4) of this section only if the Board determines that the combined effect of the occupation of the employee at the time of the injury and the disability resulting from the injury is so exceptional that an amount determined under sub-section (1) does not appropriately compensate the employee for the injury.
(6) In making a determination under sub-section (5) of this section, the Board shall consider the ability of the employee to continue in his or her occupation at the time of the injury or to adapt to another suitable occupation.
(7) Where permanent partial disability results from the injury, the minimum compensation awarded under this section shall be calculated in the same manner as provided by section 24 of this Act for temporary total disability but to the extent only of the partial disability.
(8) Where the employee has suffered a serious and permanent disfigurement which the Board considers is capable of impairing the employee's earning capacity, a lump sum in compensation may he paid, although the amount the employee was earning before the injury has not been diminished.
23. The compensation payable under section 21, 22, 24 or 25 of this Act may be paid to an employee, only if the employee is-
(a) less than 55 years of age on the date of the injury, until-
(i) the date the employee reaches 55 years of age, or (ii) the Board is satisfied that the employee would retire after reaching
55 years of age, or (iii) the date the employee would retire, as may be determined by the
Board; and
(b) 55 years of age or older on the date of the injury, until-
(i) 2 years after the date of the injury, (ii) the Board is satisfied that the employee would retire after the
date referred to in sub-paragraph 0) of this paragraph, or
.J.C· y.
Period of payment lor permanent totnl or partial disabiluy
(iii)the date the employee would retire, as may be determined by the Board.
24. (l) Subject to section 28(4) of this Act, if a temporary total disability results from an employee's injury, the Board may pay the employee compensation of a lump sum in accordance with Second Schedule to this Act or any regulation made pursuant to section 22(3) of this Act.
(2) The payment referred to in sub-section (1) of this section shall not be in respect of any disability that lasts for a period of more than 12 months.
25. (1) Subject to section 28(4) of this Act, if a temporary partial disability results from an employee's injury, the Board may pay the employee of a lump sum in accordance with the Second Schedule 10 this Act or regulations made under section 22(3) of this Act.
(2) The payment referred to in sub-section (1) of this section shall not be in respect of any disability that lasts for a period of more than 12 months.
26. (I ) In addition to the other compensation provided by this Act, the Board may provide for the injured employee any medical, surgical, hospital, nursing and other care or treatment, transport, medicines. crutches and apparatus, including artificial members, that it may consider reasonably necessary at the time of the injury, and thereafter during the disability, to cure and relieve from the effects of the injury or alleviate those effects, the Board may adopt rules and regulations with respect to furnishing health care to injured employees entitled to it and for the payment of it.
(2) The Board may make a daily allowance for the subsistence of an injured employee when, under its direction, the employee is undergoing treatment at a place other than the place where the employee resides, and the power of the Board to make a daily allowance for subsistence under this section extends to an injured employee who receives compensation, regardless of the date the employee first became entitled to compensation.
(3) Where in a case of emergency, or for other justifiable cause, a physician or accredited medical practitioner other than the one provided by the Board is called in to treat the injured employee, and if the Board finds there was a justifiable cause and that the charge for the services is reasonable, the cost of the services shall be paid by the Board.
(4) The Board may authorize employers to provide health care at the expense of the Board on terms fixed by the Board and the employer shall provide to an injured employee, when necessary, immediate conveyance and transport to a hospital or accredited medical practitioner
') (.~ .
Tern porary lola! drsabrliry
Sccoud Schedule
'1'~I11IXlnll)'
partial (lIsahilily
Second Schedule
J lcahh care and drsahility support
for initial treatment.
(5) Health care furnished or provided under sub-section (3) or (4) of this section shall at all times be subject to the direction, supervision and control of the Board and the Board may enter into contract with any medical practitioner, nurse or other person. accredited by the Board, authorized to treat human ailments, hospitals and other institutions tor any health care required, and to agree on a scale of fees or remuneration for that health care; and all questions as to the necessity, character and sufficiency of health care to be provided shall be determined by the Board.
(6) The fees or remuneration for health care provided under this section shall not be more than the fees that would be properly and reasonably charged if the employee were paying, and the Board may, from time to time, fix and determine the amount, on the advice of the Minister charged with responsibility for health.
(7) Without limiting the powers of the Board under this section to supervise and provide health care in every case where it considers the exercise or such powers expedient, the Board shall permit health care to he administered by the physician or medical practitioner who may be selected or employed by the injured employee.
(8) The Board may assume the responsibility of replacement and repair of-
(a) artificial appliances, including artificial limbs or members damaged or broken as the result of an accident arising out of and in the course of the employment of an employee; and
(b) eye glasses, dentures and hearing aids broken as a result of an accident arising out of and in the course of employment if such breakage is accompanied by objective signs of personal injury, or, where there is no personal injury, if the accident is otherwise corroborated.
(9) Where an injury to an employee results in serious impairment of the sight of the employee, the Board may, to protect the remaining vision of the employee, provide the employee with protective eye glasses.
27. (1) Every medical practitioner or accredited medical practitioner attending or consulted on a case of injury or alleged case of injury to an employee in a workplace within the scope of this Act shall -
(a) provide the reports in respect of the injury in the form required by the Board or regulations made by the Board, but the first report containing all information
DUly of accredited medical pract iuoner and other sIH:cilllis[s
requested in it shall be supplied to the Board within 7 days after the date of his or her first attendance on the employee;
(b) provide a report within 7 days after the employee is, in the opinion of the medical practitioner or accredited medical practitioner, able to resume work and, if treatment is being continued after resumption of work, to furnish further adequate reports;
(c) if a specialist whose opinion is requested by the attending accredited medical practitioner or the Board, or if the specialist continues to treat the employee after being consulted as a specialist, the specialist shall be required to provide his or her first report to the Board within 7 days after completion of consultation, but if the specialist is regularly treating the employee, the specialist shall submit reports as required in paragraphs (a) and (b) of this sub-section; and
(d) give all reasonable and necessary information, advice and assistance to the inj ured employee and a deceased employee's dependants in making application for compensation, to provide the required certificates and proofs, without charge to the employee.
(2) Every specialist or accredited medical practitioner who is authorized by this Act to attend to an injured employee is subject to the same duties and responsibilities, and any health care furnished by the specialist or accredited medical practitioner is subject to the direction, supervision and control of the Board.
(3) Unless the Board otherwise directs, a claim for medical services or health care shall not be paid if it is submitted later than 90 days from the date that the-
(a) last treatment was given; or (b) accredited medical practitioner or person providing the
medical service was first aware that the Board may be liable for his services, whichever first occurs.
(4) An accredited medical practitioner or other person authorized to render health care under this Act shall confine his or her treatment to injuries to the parts of the body he or she is authorized to treat under the Medical and Dental Practitioners Act under which he or she is permitted to practises, and any unauthorized treatment shall not be paid for by the Board.
...is:
C8P M8 LFN. 2004
(5) An accredited medical practitioner or other person who fails to submit prompt, adequate and accurate reports and accounts as required by this Act or the Board, commits an offence under this Act, and the accreditation to render health care pursuant to this Act may be cancelled by the Board or suspended for a period to be determined by the Board.
(6) Where the right of accreditation of a medical practitioner or other person is cancelled or suspended under sub-section (5) of this section, the Board shall notify -
(a) the medical practitioner or other person; (b) inform the Nigerian Medical and Dental Council established
under the Medical and Dental Practitioners Act or the relevant professional body to which the person is authorized to treat human ailment; and
(c) the injured employee who seeks treatment from him or her of the cancellation or supervision.
28. (1) This section applies to an employee who is receiving periodic payments under section 21 or 22 of this Act.
Cap. M8 U;N. 2004
Retirement bencfus
(2) A periodic payment under this Act shall not prejudice the beneficiary Act \:0 2.2Ulll receiving any entitlement under the Pension Reform Act.
(3) The Board shall set aside, at the time a periodic payment is made to an employee, an amount that -
(a) is equal to 7.5 per cent of the periodic payment, or an amount set by the Pension Reform Act; and
(b) is in addition to the periodic payment.
(4) Subject to the Pension Reform Act, an employee may apply to the Board to contribute to the amount set aside or to be set aside under sub-section (3) of this section an amount that is not less than 1 per cent and not greater than 7.5 per cent of each subsequent periodic payment made to the employee.
(5) Subject to sub-section (6) of this section, if the employee makes an application under sub-section (4) of this section, the Board shall, deduct the amount of contribution of the employee from each subsequent periodic payment made to the employee and remit this contribution along with the amount set aside under sub-section (2) of this section to the retirement savings account of the employee pursuant to the Pension Reform Act.
A,cl No.2. 21101
Act No.2, 20()1
Ad No. 2.2(101
(6) The deductions made by the Board under sub-section (5) of this section may not be varied, except in response to an application by the employee La stop the deductions or transfer the deductions into his or her retirement savings account.
(7) An employee may make the respective applications under sub-section (4) or sub-section (6) of thi s section only once.
(8) An application made under sub-section (4) or (6) of this section shall be made in a form prescribed by the Board.
29. Any amount set aside as retirement benefit under section 28 of this Act shall be paid to the employee as part of his or her accrued retirement benefits in accordance with the provisions of the Pension Reform Act 2004.
30. The Board may make rules for the reconsideration of benefits payable under this Act.
PART V - POWERS AND FUNCTIONS OF THE BOARD
3 I. The Board shall -
(a) be in charge of overall policies for the administration of the Fund established under section 56 of this Act;
(b) approve investment of any money in the Fund on the advice of the Investment Committee established under section 62 of this Act;
(c) fix the terms and cond.itions of service including remuneration of the employees of the Fund;
(d) formulate policies and strategies for assessment of compensation, rehabilitation and welfare of employees who sustain injuries or contact occupational diseases at the workplace or in the course of employment; and
(e) do such other things which, in the opinion of the Board, are necessary to ensure the efficient performance of the Board under this Act.
32. The Board shall -
(a) carry out assessment of the amounts to be paid into the Fund by employers under this Act;
(b) undertake regular actuarial valuation of industries, sectors and workplaces and determine the rates of contributions by employers into the Fund by such industry, sector or workplace;
(c) receive and credit into its account, all moneys payable into the
,•••.••••• I (
/---'., '
Pavment (If reurcmcnt benefits
Reconsidering benefits
Pl'" crs of the Board
lunctions of tile lsoard
Fund under this Act; (d) make all payments of the various compensation or benefits to
any person entitled to such compensation or benefit and make all disbursements required to be made out of the Fund established under this Act;
(e) invest any money standing to the credit of the Fund only in accordance with the advice of the Investment Committee established under section 62 of this Act;
(1) cooperate with the National Council for Occupational Safety and Health for the prevention of occupational accidents and diseases and for the promotion of safety and health culture at the workplace; and
(g) carry out other activities as are necessary or expedient to ensure the effective performance of its functions under this Act.
(2) No investment shall be undertaken by the Board under this Act unless there is evidence to show that such investment is safe and not susceptible to market failures.
PART VI EMPLOYERS' ASSESSMENT AND CONTRIBUTIONS
33. (1) Every employer shall, within the first 2 years of the commencement of this Act, make a minimum monthly contribution of 1.0 per cent of the total monthly payroll into the Fund.
Employers contribution to the Fund
(2) Without prejudice to the provisions of sub-section (l) of this section, the Board shall, from time to time, make regulations prescribing-
(a) the categorization of risk factors of each class or sub-class of industry, sector or workplace and the amount of contributions to be made into the Fund; and
(b) for different assessment rates applicable to each class and sub- class of industry, sector or workplace mentioned under paragraph (a) of this sub-section.
34. (1) The Board shall assess employers for such sums in such manner, form Assessments, and procedure as the Board may, from time to time, determine for the due administration of this Act.
(2) Assessments shall, in the first instance, be based upon estimates -
(a) of the employer's payroll for the year provided under section 41 of this Act; or
37.
(b) as determined by the Board under section 43 of this Act.
(3) The Board may, by order, establish a minimum assessment.
35. (1) Payment of any assessment made under section 33 of this Act shall be due on the 151 January in the year for which it relates.
(2) The Board may provide for the payment of the amount of assessment by installment, in which case the assessment for the year is payable on the dates determined by the Board.
36. (I) The Board shall have a cause of action for any unpaid assessment and shall be entitled to the costs of any action to recover the unpaid assessment.
(2) If, for any reason, an employer liable to assessment is not assessed by the Board, the employer shall be liable for the amount for which the employer should have been assessed, or as much as the Board considers reasonable, and payment of that amount may be enforced as if the employer had been assessed for that amount.
(1) The Board may provide for different assessment rates applicable to each class and sub-class of industry classified under section 38 of this Act.
(2) Publication in the Federal Gazette of a statement of percentages and rates fixed by the Board applicable to specific industries constitutes an assessment upon, and notice to, each employer in those industries for the period named in the Federal Gazette.
) "f ( I .
;\s,cs>IllClii payuhlc
LJ Loss of leg· at or above knee Loss of leg· at or below knee Loss of foot Loss of toes .
all of one foot great- both phalanges aile phalange other than great, if more than One roe IOSI,each.
Loss 0r sight 0 fane c)e Loss of hearing . of one ear
roral loss a f hearing Loss of remaining eye by one-eyed employee Loss of remaining arm by one-armed employee Loss of remaining leg by one-legged employee
100 . 100
.. 100 100 100 100 100 80
70 70 70 70 SO 35 10
15 10 6
10 6
4
6 S 3
5 4 3
4 3 75 60 40
20
10 3
30 10 100 100 100 100
(l) Total permanent loss of the lISC ofa member shall be treated as loss of such member.
(2) In the case of a right-handed employee, an injury to the left arm or hand and in the case of a left-handed employee, to right arm or hand shall be rated at 90 per cent or the above
r ')
Section 22 (2) and (3)
percentages.
(3) Where there is loss of2 or more parts of the hand, the percentage of incapacity shall not be more than for loss of the whole hand. and necessary lesser percentage shall be applied accordingly.
CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS ,lJTHENTICATION ACT, CAP. A2, LAWS OF THE FEDERATION OF NIGERIA 2004, 'HAT THIS IS A TRUE COpy OF THE BILL PASSED BY BOTH HOUSES OF THE IATIONAL ASSEMBLY.
\\~{ SALISU ABUBAKAR MAIKASUWA, mni CLERK TO THE NATIONAL ASSEMBLY
Aft l [DAY OF DECEMBER, 2010
r I
I SHORT TITLE OF. THE BILL
I Employee's Compensation Bill,2010
Schedule to Em 10 lee's Com cnsation Bill, 2010, r-- i SUMMARY OF THE DATE PASSED DATE PASSED i CONTENTS OF THE BY THE SENATE BY THE HOUSE OF I BILL I H.EPRESENTATIVES
_____________ ,'_-----~-------_--+I---------+-----------i I I
This Act repeals the Workmen's I 25th November, 2010 Compensation Act Cap. W6 Laws of the I Federation of Nigeria, 2004 and makes comprehensive provisions for payment of compensation to employees who suffer from occupational diseases or sustain injuries arising from accident at workplace or in the course of employment
LONG TITLE OF THE BILL
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.
25'h November, 2010
I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap. A2, Laws of the Federation of Nigeria, 2004.
I ASSEi\T.
• ,I ,
~, ===----
SALISU ABUBAf0\R MAlKASUW A, mni Cler~to the National A.ssemblY f rrt)ay of December, lOW
~~ OR. GOODLl'CK [!;'':'LE JONATHAI'\, GCFR
President of the Fulcr~d Republic of Nigeria '7 tt-Day of December, 2010