Work Injury Benefits
Disability / Work Injury Benefit
Work injuries can lead to the following four situations:
- permanent total incapacity,
- permanent partial incapacity,
- temporary incapacity, and
- fatal injury leading to the death of a worker.
The amount of compensation depends on the nature and the degree of disability. The provisions are governed under the Employee Compensation Act, which is applicable to all employees and employers in both the public and the private sectors, though members of the armed forces are excluded except those employed in the civilian capacity.
In the event of temporary disability, that lasts for 12 months, the employee is entitled to a lump sum compensation.
In the case of full incapacity/disability, the benefit of 90% of the gross salary is paid until the worker reaches 55 years of age. If the worker is already 55 years old, the benefit is paid for 2 years from the date the disability begins.
If the permanent disability is partial, the benefit of 90% of the estimated loss of earning capacity is paid.
In the case of fatal injury, a benefit of 30% to 90% of the deceased person’s total monthly earnings is paid monthly to the widow(er) according to the number of orphans.
- Benefit of 90% is paid to the widow with two or more orphans;
- 85% to the widow with one child;
- 60% benefit is paid to the widow with no child and has reached the age of 50 years and is an invalid spouse.
If the spouse is not invalid and is under 50 years of age with no dependent children, the benefit is calculated by subtracting 1 per cent from 60% for each year for which the age of the dependent is under the age of 50 years at the date of death of the employee. The law, however, specifies that the total percentage cannot be less than 30%.
In the case of orphans, the monthly payment is equal to:
- 40% of the monthly rate of compensation for one orphan;
- 60% for two orphans;
- 80% for three or more orphans.
The monthly payments are made until a child reaches the age of 21 years or completes undergraduate studies, whichever comes first
Medical Benefits include medical care, hospitalisation, medicine, surgery, appliances, transportation, and a daily subsistence allowance. Other benefits are rehabilitation for the injured worker and counselling services for the injured worker's dependents, where possible.
Work injury benefits are paid to the worker in addition to the old-age, disability and survivor’s benefit.
Sources: §17-30 of the Employees Compensation Act, 2010; ISSA Country Profile for Nigeria
