The National Industrial Court has ordered a Chinese engineering company to pay one of its workers the sum of N20 million for the injury sustained by him in the course of performing his duties.
Justice Polycarp Hamman of the Yenagoa Division of the court held that China Civil Engineering Construction Corporation Nigeria owed the worker, Mr Chris Inyang, a duty of care to provide safe equipment and a safe work environment.
The court held that the injury sustained by Mr Inyang at the construction site of CCECC was a direct result or consequence of the wrongful act of the construction firm for not taking proper care and precaution for safety at the workplace.
The court further held that the relevant consideration was not whether Mr Inyang received adequate treatment after the accident, as evidenced by the medical records, but the procedures and processes the company put in place to protect Mr Inyang from the accident happening in the first place.
The judge therefore awarded Mr Inyang the sum of N20 million as compensation and general damages for the injury sustained, directing that the judgment be complied with within 30 days.
According to available court documents, Inyang submitted that he was employed by the company as an iron bender and he sustained an injury in his leg at the construction site while carrying out his duties.
He stated that he was rushed to the hospital after the accident and that the construction company suddenly stopped paying his salary in April 2023 and September 2023 and short-paid him for four months from May to August in 2023.
He told the court that the injury had affected his ability to carry out serious iron bending work and sought compensation for the injury, pains, loss of financial earnings, loss of amenities, loss of occupation and time spent receiving treatment, as well as payment of his outstanding salaries and continued payment of his monthly salary.
In its defence however, the company admitted that Mr Inyang sustained the injury while at the work site but maintained that the seriousness of the injury was reduced because he was wearing Personal Protective Equipment provided by them.
It further stated that Inyang was given medical treatment, allowances and five months’ salary while recovering from the injury, adding that the injury had healed but Inyang failed to return to work after the period granted for his recovery, leading to the stoppage of his salary from September 2023.
The company contended that Inyang was not entitled to further compensation or salary having received medical care, five months’ salary and payment for his treatment, and urged the court to dismiss the suit in its entirety.
Opposing the arguments, Inyang’s counsel argued that there was nothing before the court showing that his employment had been terminated in accordance with his contract of employment and urged the court to grant the reliefs sought.
Delivering judgment, Justice Hamman stated that China Civil Engineering Construction Corporation, as the employer of Mr. Inyang, owed him a duty of care by providing safe equipment and a safe work environment generally to enable him to discharge his duties.
The judge held that Inyang had established that there was an accident which caused the injury to his right leg as a result of the negligence of the company.
Justice Hamman stated that although Inyang sought N200 million as compensation, the evidence before the court suggested that he had recovered from the injuries and had expressed the desire to resume work. He therefore awarded the sum of N20 million to him as compensation/general damages.
The judge also refused the relief sought by Inyang for continued payment of monthly salary from January 2024 onward, holding that the employment relationship between the parties was not one with statutory flavour that may necessitate an order of specific performance or reinstatement.
