Court orders N30 million compensation for employee injured in workplace accident

The National Industrial Court, Port Harcourt Division ordered Ascot Ltd, to award its former employee, Iboyi Emmanuel Onoride (the Claimant), the sum of N3.3 million representing 54 months of earnings as compensation, and N30 million in general damages for trauma and inconvenience.

The case: NICN/EN/115/2012, presided over by Hon. Justice Faustina Kola-Olalere ruled that the claimant is entitled to compensation from the defendants under Section 5 of the Workmen’s Compensation Act, 2004.

This ruling reinforces the importance of employers adhering to safety regulations and underscores the legal obligations they have towards their employees.

Facts of the case

The case involved a breach in the duty of care, leading to the claimants severe accident on June 27, 2010, which resulted in the permanent and total incapacity of four fingers and part of The claimants right palm while he was on duty.

The claimant, had explained that he sustained significant injuries while performing his duties, leading to the crushing of four fingers and part of his palm. He further claimed that the company abandoned him following the incident. Among other demands, he sought N120 million as general damages for trauma, inconvenience, and permanent physical incapacity.

In their defence, the respondents argued that Ascot Ltd had not refused to reinstate the claimant after his hospital treatment. They claimed that at the time of his discharge, the company was undergoing a reorganization, which led to the closure of many facilities and some employees, including the claimant, being put on standby. The defence further suggested that the accident was due to the claimants negligence, as he did not adhere to the expected standard of care.

Opposing these arguments, the claimant’s counsel, A. O. Chukwuka, asserted that the claimant was not provided with adequate training or personal safety equipment. The counsel maintained that AMCON had acquired not just the non-performing loans of Ascot Ltd but also all its assets and liabilities, urging the Court to grant the requested reliefs.

Final judgement

In her judgment, Justice Kola-Olalere ruled that simply attributing the accident to  the claimant’s negligence was insufficient, stating that the duty of care extended beyond training or awareness and required the defendants to ensure strict adherence to safety regulations to prevent accidents.

The Court held that Ascot Ltd had indeed breached its duty of care towards the claimant. Justice Kola-Olalere emphasised that had there been reasonable care, attention, or supervision during the operation of the machinery, the accident could have been prevented.

“I hold that the claimant is entitled to compensation from the defendants under Section 5 of the Workmen’s Compensation Act, 2004, jointly and severally, for the injury he suffered from the accident and for which he is permanently deformed”, Justice Kola-Olalere concluded.