Staff Sustaining Injury at Work

[Giwa Ihesha]

My son works in a filling station.
A few weeks ago, there was a fire incident at the station after a tanker that was delivering fuel had a problem.

My son was on duty when the fire started. He tried to escape but sustained serious burns on his arm and leg. He was rushed to the hospital and has been receiving treatment since then.

The problem is that the owner of the filling station has refused to pay his medical bills. He said the fire was an accident and that my son should use his personal money to treat himself because the station did not cause the fire deliberately. My son has already spent a lot of money on treatment, and he is still unable to return to work.

Madam Law, if my son was injured while doing his job at the filling station, does the employer have a legal responsibility towards him? Can he demand compensation or payment of his medical expenses? #MadamLaw #LegalMatters #KnowYourRights

 

[Giwa Ihesha]

If your son's injury happened because you were at work and performing your job, don't simply accept it was an accident as the end of the matter.
The Employees' Compensation Act 2010 provides a statutory compensation scheme for employees who suffer injuries arising out of or in the course of employment. The scheme can cover medical and surgical treatment, hospital and nursing care, medicines and other necessary treatment.

So, if he was injured in a filling station fire while doing your job, the fact that nobody deliberately set the fire does not automatically remove his entitlement to workplace compensation.
What should you do?
Report the accident formally and make sure there is a record of what happened.

Keep all hospital records, medical reports, receipts, photographs and evidence of the injury.

Keep his employment evidence, staff ID, payslips, employment messages or anything showing that you worked there.

Ask the employer whether the accident has been reported under the Employees Compensation Scheme.
If the employer refuses to assist or fails to process the claim, approach NSITF and make the appropriate compensation claim. NSITF's current guidance says workplace injuries can be reported and claims processed through the Employees Compensation Scheme.

Most importantly if they fail to act you can seek redress in court and claim good damages