The Yenoga division of the National Industrial Court, Bayelsa State, has ordered China Civil Engineering Construction Corporation Nigeria Limited (CCECC) to pay N20 million compensation and general damages to its former worker, Mr. Inyang Collins, over an injury he sustained at the company’s construction site.
Justice P. I. Hamman, who presided over the court made the order while delivering judgment in a suit filed against the company by the wounded worker.
In making the order, Justice Hamman held that the CCECC was negligent in failing to take adequate precautions to protect the worker from injury while carrying out his duties as an iron bender.
The claimant had instituted the suit, marked NICN/YEN/05/2024, seeking N200 million compensation for injury, pain, loss of earnings, loss of amenities and occupation, among other claims.
He also asked for the sum of N269,250 in unpaid salaries, continued payment of his monthly salary of N53,850, N100 million general damages, N20 million litigation costs and 10 per cent post-judgment interest.
Collins had told the court that he was injured on March 8, 2023, when an iron rod at the company’s construction site at Angiama-Oporoma Waterside, Bayelsa State, caused a severe injury to his right foot.
He said he was taken to the Federal Medical Centre, Yenagoa, for treatment but alleged that the company later stopped paying his salary and failed to adequately compensate him for the consequences of the injury.
CCECC in a preliminary objection challenging the court’s jurisdiction, however, denied liability, arguing that it had provided personal protective equipment and safety training for its workers.
The company also maintained that Collins received medical attention, medication, transportation and financial assistance following the accident.
The company further argued that Collins had recovered from the injury but failed to return to work after being given time to recuperate, prompting the stoppage of his salary.
CCECC therefore prayed the court to dismiss the suit.
Deciding the suit, Justice Hamman rejected the company’s argument that the court lacked jurisdiction to hear the suit because Collins had allegedly denied signing his witness statements.
The judge also held that the claimant had subsequently identified and adopted the statements under oath in court, making them competent evidence.
On the substantive issue, the court found that CCECC owed Collins a duty of care as an employee and that the claimant had established that he sustained the injury while performing his duties.
The judge noted that although the company claimed it provided protective equipment, there was no evidence before the court showing that the claimant was wearing such equipment at the time of the accident.
Justice Hamman held that the claimant established that the accident and resulting injury were consequences of the defendant’s failure to take proper care and precautions for his safety.
The court instead awarded him N20 million as compensation and general damages.
His claims for unpaid salaries, continued monthly salary, N100 million additional general damages and N20 million litigation costs were dismissed.
The court also granted 10 per cent post-judgment interest, directing that the judgment be complied with within 30 days, failing which the sum would attract interest at 10 per cent per annum until fully paid.
However, the court rejected the N200 million compensation claim, finding no justification for such an award because evidence indicated that the claimant had recovered from the injury.