Section 10: Compensation for Hearing Impairment.
(1) Where an employee suffers from hearing impairment of nontraumatic origin, but arising out of or in the course of employment under this Act, the employee shall be entitled to compensation under this Act.
(2) Where the hearing impairment referred to in sub-section (1) of this section amounts to total deafness, but with no loss of earnings resulting from the hearing impairment, compensation shall be calculated as may be provided by regulations made by the Board under this Act in consultation with the National Council for Occupational Safety and Health in respect of-
(a) the ranges of hearing impairment;
(b) the percentages of disability;
(c) the methods or frequencies to be used to measure hearing impairment; and
(d) any other matter relating to hearing impairment.
(3) If a loss or reduction or earnings results from the hearing impairment, the employee shall be entitled to compensation for a total or partial disability as established under this Act.
(4) Any compensation paid for the hearing impairment of an employee under sub-section (3) of this section shall not be less than the amount determined under sub-section (2) of this section.
(5) Where a hearing impairment under this section is superimposed on an already existing hearing impairment, compensation shall be allowed only for the proportion of the impairment following the hearing impairment that may reasonably be attributed to the exposure in two or more classes or subclasses of industry in a workplace, unless the contrary is shown, and the amount of compensation shall be the difference between the employee's impairment before and impairment after the occurrence of the last exposure.
(6) Where an employee suffers from hearing impairment caused by exposure to causes of hearing impairment in two or more classes or subclasses of industry in a workplace, the Board may apportion the cost of compensation among the funds provided by those classes or sub-classes on the basis of the duration or severity of the exposure in each.
(7) An application for compensation under this section shall be accompanied or supported by-
(a) a report of a medical practitioner who specializes in ailments of ear or hearing accredited by the Board;
(b) an audiogram and a report by the employer of the working environment where the employee has been in employment; or
(c) other evidence of hearing impairment, as the Board may, from time to time, determine.
(8) For the purposes of sub-section (7) of this section, the Board may, in consultation with the Nigerian Medical and Dental Practitioners Council and other relevant professional bodies, make rules, regulations and guidelines for accreditation of medical practitioners and other specialists.
Cite this section
Section 10, EMPLOYEE'S COMPENSATION ACT (2010).
https://repo.podus.ai/laws/employee-s-compensation-act/section/10/