ECB now awaits Presidential assent, says Abubakar
By Victor Ahiuma-Young
AFTER many years of agitations, the outdated and much criticied Workmen Compensation Act, WCA, introduced into the nation’s industrial status book by the colonial masters, is on its way out of the nation’s labour law as indication emerged that the Employees Compensation Bill, ECB, sent to the National Assembly by late President Musa Yar, Adua, to repeal the WCA is now waiting Presidential assent.
Acting Managing Director of the Nigeria Social Insurance Trust Fund, NSITF, Mr. Umar Munir Abubakar, who disclosed this while delivering a paper on “Employees’ Compensation in the Workplace” at a two-day seminar organised by Labour Writers Association of Nigeria, LAWAN, in Benin City, Edo State, said the National Assembly had passed the ECB into an Act, and that it is now waiting for the assent of President Jonathan.
Mr. Abubakar who was represented by at the seminar by Mr. Ibrahim Wakawa, commended the Nigerian press for the matured way the reportage of events culminating in the eventual repeal of the anti labour Workmen’s Compensation Act and the passage of the progressive Employees’ Compensation Bill into an Act by the National Assembly has gone.
Nigerian workers during a rally
Giving detail of the benefits of the ECB, Mr. Abubakar said the Employees Compensation Scheme would herald a well-packaged benefit structure that “qualifies it to be called “Workers Charter,” as described in a Newspaper publication during the public hearings on the Bill.”
According to him: “the scheme will benefit workers in the following ways: Fill the missing gap in the Pension Reform Act, PRA, of 2004 in relation to coverage, which is only post – work era, leaving out the vital era of active service by the worker without social protection. Redress the flaw in the prescribed insurance policy under PRA 2004 which does not cover work injury, but death only. Assure a simplified claims procedure as against the cumbersome procedure hitherto in vogue during the regime of the now repealed WCA.
Negate the need for cause of injury or who is at fault before claims are made. i. e. the Scheme is a “No fault scheme.” Assure short and long – term follow – up and rehabilitation} thereby guaranteeing long – term continuous welfare of the injured employee. For instance, Section 16 of the Act empowers the Board to follow up even after payment of compensation to an injured worker to assist in getting the worker back to work. Relief the employee of the burden of having to part with his paltry earnings as contribution to the Scheme.
Compensation for injury within a normal workplace
“According to Section 7(1) of the Act} compensation is payable to “a worker who suffers any disabling injury arising out of or in the ‘course of employment. Following the provisions of Section 8} Sub-Sections (1) – (3) of the Act} an employee who suffers mental stress due to the underlisted conditions will be entitled to adequate compensation: acute reaction to sudden and unexpected traumatic event arising out of or in the course of the employee’s employment; or diagnosis 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; change in working conditions in such a way as to unfairly exceed the work ability and capacity of the employee.
Section 9, Sub-Section (l) of the Act stipulates that compensation shall be paid an employee, where: a) , the employee suffers from an occupational disease and is thereby incapacitated from earning full remuneration at the
workplace; or the death of an employee is caused by an occupational disease; or 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 the employee suffers from any occupational disease listed in the First Schedule to this Act.
The Act also. provides that, a healthcare benefit may be paid in addition to the foregoing Compensation. Further elaborations on this aspect of the Act, is contained in Sub-Sections (2) – (8) of the Section under review.
“Section 10(1) of the Act states, and I quote: “Where an employee suffers 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./1 The Act further elaborates on hearing impairment to include total deafness with or without loss of earnings and the eligibility conditions for claiming compensation for hearing impairment in Sub-Sections (2) – (8).
Compensation for injuries outside normal workplace
Continuing, the Acting Managing Director, explained that “in line with the provisions of Section 7(2) of the Act, compensation is payable to a worker who sustains any accident while on the direct 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 the place where the employee usually receives remuneration: provided that the employer has prior notification of such place. Section 18 of the Act clearly provides for compensation 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.”
Healthcare, disability support
Mr. Abubakar posited that “the provisions here constitute additional benefit to the injured worker.
This involves the provision of medical, surgical, hospital, nursing and other care or treatment for the injured worker. Also involves provision of medicines, crutches and apparatus, including artificial members that are considered reasonably necessary at the time of the injury. This is inclusive of replacement or repair of such appliances, eyeglasses, dentures and hearing aids broken due to an accident arising out of and in the course of employment to alleviate the affected worker’s sufferings after injury.
Transport and stipends (daily allowance necessary for daily sustenance) for the injured worker during his travail while still receiving treatment. Follow up of the injured worker until total recovery, or return to work, (where possible), and rehabilitation by training or retraining the injured worker appropriately, where return to the same work is not feasible. This novel provision is to ensure the injured worker is not left a destitute after contributing his quota to the well being of the company for which he worked. Counseling service to dependants of affected employee, while the employee is being rehabilitated.”
“The Employees’ Compensation Scheme is a Social Security issue as it is one of the Nine Branches of Social Security as enumerated in ILO Convention No. 102 of 1952. It is also a Human Rights issue as per Article 22 and 25(1) of the Universal Declaration of Human Rights (1948). These Conventions guided the painstaking process the drafting and passage of the Bill has taken in the journey so far, involving all relevant stakeholders: As Nigeria is also in the forefront of actualizing the Decent Work Programme and Global Jobs Pact in the overall quest of building a Social Protection Floor, Nigerian workers deserve no less.
It is therefore gratifying to report to you that the Act is now awaiting Mr. President’s accent; the two chambers of the National Assembly having harmonized the areas requiring harmonization as differently passed earlier by each of the chambers.”
