A social security perspective of employees’ compensation law in Nigeria

Abstract

The article examines the adequacy of the Employees’ Compensation Act of 2010 of Nigeria in respect of coverage, financing, entitlement to compensation and benefit structures through the prism of social security and in light of the International Labour Organization’s minimum standards as set out in the relevant Conventions on social security, and comparative best practices. It is argued that the Act marks an important milestone in the annals of work injury compensation in Nigeria, especially given the conversion of the erstwhile individual employer-liability scheme into a social insurance scheme, the expansion of coverage and the extension of the scope of entitlement to benefits that were previously unavailable in the repealed Workmen’s Compensation Act of 1987. Drawing lessons from some common-law jurisdictions, including the United Kingdom, the article highlights some other pertinent issues which need to be addressed to further improve the safety net currently provided for victims of work-related injuries and their dependants, especially the provision of a minimum level of benefits in the form of income support for low-income earners. In conclusion, appropriate reform proposals are suggested.