The National Industrial Court of Nigeria, Lagos Judicial Division, has awarded ₦20 million in general damages to Mr John Edeh after finding Dingshengyuan Plastic Processing and Manufacturing liable for a workplace accident that crushed his right hand and caused the permanent loss of three fingers. Justice Joyce Damachi, in a judgment delivered at the Lagos Judicial Division, held that the company was grossly negligent for failing to provide safe machinery, a safe system of work and adequate protective equipment.
The court also ordered the company to pay Edeh ₦504,000 as special damages for pharmaceutical expenses, ₦41,000 as one month’s salary in lieu of notice and ₦500,000 as costs of the action, with the payments to be made within 30 days. The ₦20 million general damages were awarded for the permanent physical disability and psychological trauma suffered by Edeh as a result of the company’s negligence.
Edeh had told the court that he suffered the injury while working for Dingshengyuan Plastic Processing and Manufacturing. He alleged that after the accident, the company abandoned him without adequate medical treatment and later compelled him, under duress, to accept ₦500,000 through a roadside point-of-sale transaction.
He further claimed that the company later denied him access to its premises despite the worsening condition of his injured hand.
Dingshengyuan Plastic Processing and Manufacturing, however, did not enter an appearance or file a defence to the case despite being served with the originating processes and several hearing notices. The company also did not take part in the proceedings throughout the trial.
Counsel to Edeh, Cajetan Amasike Esq., argued that his client was entitled to the reliefs sought based on the company’s breach of the employment contract and the tort of negligence.
Amasike also submitted that the company’s decision to terminate Edeh’s employment without providing treatment or paying his terminal benefits after the accident amounted to constructive termination and unfair labour practice. He urged the court to enter judgment in favour of his client.
In her judgment, Justice Damachi stressed that the company’s failure to defend the case did not automatically mean that Edeh would succeed. She said Edeh still had the burden of proving his claims on the balance of probabilities.
The judge, however, found that Edeh’s oral testimony, supported by documentary evidence presented before the court, constituted credible, cogent and unchallenged evidence in proof of his case.
Justice Damachi said an employer has a personal and non-delegable duty of care to provide employees with safe machinery, a safe system of work and adequate protective equipment.
The court found that the employment relationship between Edeh and Dingshengyuan Plastic Processing and Manufacturing placed this duty on the company.
Justice Damachi held that the uncontroverted evidence showed that the company breached its duty of care by operating the machine with one fuse instead of two, failing to provide protective equipment and proper training, and exposing Edeh to an unsafe working environment.
The court found that these failures directly resulted in the crushing of Edeh’s hand and the permanent loss of three fingers.
Justice Damachi also rejected the argument that the ₦500,000 paid to Edeh amounted to a voluntary settlement or waiver of the company’s liability.
The judge held that the evidence showed the payment was made while Edeh was in severe pain and under physical and psychological duress, including threats of abandonment.
Justice Damachi therefore ruled that the payment did not remove the company’s liability for the workplace accident.
The judge concluded that Dingshengyuan Plastic Processing and Manufacturing breached the duty of care it owed Edeh and that the breach was the proximate cause of the injuries he sustained.
The court consequently entered judgment in favour of Edeh and granted the declarations, damages, costs and consequential orders contained in the judgment.
