EMPLOYEE'S COMPENSATION ACT

Section 22: Permanent partial disability or disfigurement.

2010Section 22 of 74Federal Republic of Nigeria

(1) Subject to this Act, if a permanent partial disability results from the injury of the employee, the Board shall-
(a) estimate the impairment of earning capacity from the nature and degree of the injury; and
(b) pay the employee's compensation that is a periodic payment equal to 90 per cent of an estimate of the loss of remuneration resulting from the impairment.
(2) Second Schedule
The compensation referred to in sub-section (1) of this section shall be determined and calculated in accordance with the Second Schedule to this Act.
(3) Second Schedule
The Board may, by regulations published in the Federal Gazette, revise or amend the Second Schedule to this Act.
(4) Subject to this Act, if-
(a) a permanent partial disability results from the injury of an employee; and
(b) the Board makes a determination under sub-section (5) of this section with respect to the employee, the Board may pay the employee compensation with a periodic payment that is equal to 90 per cent of the difference between the remuneration of the worker before the injury and whichever of the following amounts the Board considers better represents the loss of earnings of the employee the remuneration that-
(i) the employee is earning after the injury; or
(ii) the Board estimates the employee is capable of earning in a suitable occupation after the injury.
(5) A payment may be made under sub-section (4) of this section only if the Board determines that the combined effect of the occupation of the employee at the time of the injury and the disability resulting from the injury is so exceptional that an amount determined under sub-section (1) does not appropriately compensate the employee for the injury.
(6) In making a determination under sub-section (5) of this section, the Board shall consider the ability of the employee to continue in his or her occupation at the time of the injury or to adapt to another suitable occupation.
(7) Where permanent partial disability results from the injury, the minimum compensation awarded under this section shall be calculated in the same manner as provided by section 24 of this Act for temporary total disability but to the extent only of the partial disability.
(8) Where the employee has suffered a serious and permanent disfigurement which the Board considers is capable of impairing the employee's earning capacity, a lump sum in compensation may be paid, although the amount the employee was earning before the injury has not been diminished.

Cite this section

Section 22, EMPLOYEE'S COMPENSATION ACT (2010).

https://repo.podus.ai/laws/employee-s-compensation-act/section/22/