Suleiman v. Hongzing Steel Company Limited (2015) 59 N.L.L.R (Pt. 204) 232, Pp. 274-275, Paras. D-E.
On Distinction between claiming compensation and filing an action under the Employees Compensation Act, 2010 -
The ECA, 2010 in section 12 makes a distinction between claiming compensation and filing an action. Section 12(1) and (3) of the ECA, 2010 provides as follows –
(1) The provisions of this Act are in lieu of any right of action, statutory or otherwise, founded on a breach of duty of care or any other cause of action, whether that duty or cause of action is imposed by or arises by reason of law or contract, express or implied, to which an employee, dependant or member of the family of the employee is or may be entitled against the employer of the employee, or against any employer within the scope of this Act, or against any employee, in respect of any death, injury or disability arising out of and in the course of employment and where no action in respect of it lies.
(2) Where the cause of death, injury or disability of an employee is such that an action lies against some person, other than an employer or employee, the injured employee or deceased employee's dependant may claim compensation or may bring an action and if the employee or dependant elects to claim compensation, the employee or dependant shall do so within 6 months of the occurrence of the injury or death or any longer period, as the Board may, from time to time, determine and an election by the employee or dependant to bring an action in court shall be a bar to claim compensation from the Fund in respect of such injury, disability or death.
A composite reading of these provisions shows that a claimant may elect to claim compensation under the ECA, 2010 or bring an action. It is where the claimant elects to claim compensation under the ECA, 2010 that any talk of limitation of action under the Act can be raised. The claimant is not claiming for compensation under the ECA, 2010 but in tort for negligence. [Amina Hassan v. Airtel Networks Ltd & Anor unreported Suit No. NICN/LA/471/2012 the ruling of which was delivered on 11th February, 2015. Femi Aborisade’s “Reflections on Employees’ Compensation Act, 2010” in Bimbo Atilola (ed.) – Themes on the New Employees’ Compensation Act (Hybrid Consult), 1st Edition, 2013 at page 35 referred to.]
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Interesting article.
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