The National Industrial Court sitting in Abeokuta, Ogun State, has ordered Goodwill Ceramic Limited to pay a total of ₦31.3 million to an injured worker, Mr. Osanyingbemi Ayobami Samson, as compensation for a permanent injury he sustained while on duty.
The order was made by the Presiding Judge of the Abeokuta Judicial Division, Hon. Justice Sanda Yelwa, who held that the company failed in its duty of care to the employee.
In the judgment, Justice Yelwa directed the company to pay ₦25 million as compensation for the injury, ₦1,376,000 as arrears of salary and allowances from December 1, 2020, to July 31, 2024, and ₦5 million as general damages for psychological trauma. The sums are to be paid within 30 days.
The court said the ruling reinforces the responsibility of employers to ensure workplace safety and the proper welfare of injured workers.
Justice Yelwa held that Mr. Samson remained an employee of Goodwill Ceramic, as there was no evidence before the court showing that his employment was terminated after the accident. He said the company was therefore still responsible for his welfare and entitlements.
Mr. Samson told the court that he was injured while operating a machine at the company’s workplace and suffered severe injuries that required major surgery. He said the company initially took him to hospital but later abandoned him and reduced his salary by about 50 per cent.
The claimant further told the court that the accident was caused by the company’s lack of care and failure to ensure proper safety measures at the workplace. He said several demands were made through his lawyer for the payment of his full entitlements, but the company failed to comply.
In its defence, Goodwill Ceramic denied negligence, stating that it provided safety equipment to its workers and paid for Mr. Samson’s medical treatment. The company argued that only the Nigeria Social Insurance Trust Fund (NSITF) has the authority to calculate compensation for injured workers.
Counsel to the company urged the court to dismiss the suit, arguing that the claimant failed to prove negligence, establish the company’s fault, or justify the damages claimed.
However, Mr. Samson’s lawyer told the court that the injury resulted from the company’s carelessness. He said the claimant had become permanently incapacitated, could no longer use his dominant hand for productive work, and that his future had been seriously affected.
In his judgment, Justice Yelwa said an employer who fails to provide adequate safety materials and training will be liable if a worker is injured in the course of duty. He stated that it was the responsibility of Goodwill Ceramic to prove that Mr. Samson was properly trained and provided with the required protective equipment.
The judge questioned the company’s reliance on the NSITF, noting that Goodwill Ceramic failed to show evidence of compliance with the Employees’ Compensation Scheme or reports made to relevant safety authorities. He added that the payment of medical bills after an accident does not excuse negligence that occurred before the injury.
Justice Yelwa concluded that the evidence before the court showed clear carelessness and a breach of duty of care by Goodwill Ceramic, adding that the company failed to discharge its legal responsibility as an employer.
