EMPLOYEE'S COMPENSATION ACT

Section 9: Compensation for Occupational Disease.

2010Section 9 of 74Federal Republic of Nigeria

(1) Where-
(a) an employee suffers from an occupational disease and is disabled from earning full remuneration at the workplace;
(b) the death of an employee is caused by an occupational disease;
(c) the disease is shown to be due to the nature of any employment in which the employee was employed, whether under one or more employments; or
(d) an employee suffers from any occupational disease listed in the First schedule to this Act, compensation and health care benefits shall be payable under this Act.
(2) For the purposes of this section, the date of disability shall be treated as the date of occurrence of the disability.
(3) Any employee in any workplace who becomes disabled from any uncomplicated disease or from any disease complicated by any other disease, condition or factor shall be entitled to compensation for total or partial disability or as shall be determined under this Act.
(4) Where death results from any disability under sub-section (3) of this section, the dependants of the employee shall be entitled to compensation under this Act, except that neither the employee nor a dependant shall be entitled to compensation for the disability or death unless the employee-
(a) has been in the employment in a workplace associated with exposure to an agent or agents leading to that condition; and
(b) was free from the disease and complicating disease before being first exposed to the agent causing the disease in the workplace.
(5) Where an employee has been exposed to the agent causing the disease in two or more classes or sub-classes of industry in the 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 and severity of the exposure in each.
(6) Where a deceased employee was, at the date of death, under the age of 70 years and suffering from an occupational disease of a type that impairs the capacity of the vital organs of non-traumatic origin, it shall be presumed that the death resulted from the occupational disease.
(7) The compensation payable for occupational disease may, in addition to the provisions of this section of this Act, be determined by regulations made by the Board.
(8) For the purposes of ascertaining occupational disease under this section, the Board may appoint a Medical Board of Inquiry consisting of relevant specialists to review the situation to determine whether or not the employee is entitled to compensation.

Cite this section

Section 9, EMPLOYEE'S COMPENSATION ACT (2010).

https://repo.podus.ai/laws/employee-s-compensation-act/section/9/