LEGAL REGIME FOR THE COMPENSATION OF WORK RELATED INJURY, DISEASE AND DEATH IN NIGERIA

Abstract

Changes in human ecosystem due to globalization, population explosion and urbanization have far reaching consequences on Occupational Safety and Health (OS&H). It is therefore not surprising that the safety of workers against workplace related injury, disease and death has been a burning issue for the international Labour Organization (ILO) since its formation in 1919 till date. In Nigeria, laws have been put in place to compensate employees for injury sustained, and disease and death that occurred in the course of employment. These laws are far more convenient than the common law principles that offers no compensation to workers. The paper examines compensation for work related injury, disease, and death under the Nigerian law. Adopting the doctrinal research methodology, the paper argues that the Employees’ Compensation Act (ECA) 2007 that repeals the Workman Compensation Act (WCA) made innovative requirements for reimbursement of employees in case of workplace related injury or disability, disease, and death. However, the ECA is far away from achieving the desired objectives due to daily occurrence of workplace related injuries leading to permanent disabilities or death with inadequate and inaccessible compensation to the affected victims. The paper concludes that for a healthy workforce, there is the need for a healthy workplace that will ensure that workers' rights and welfare are legally protected.