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Construction accident law in Awka, Nigeria primarily revolves around ensuring the health and safety of workers engaged in construction activities. These laws mandate a safe working environment and proper protection equipment for all construction workers. In the event of a construction accident causing injury or fatality, the victim or their family can seek damages for their losses. Issues concerning construction accidents fall under 'personal injury law' in the Nigerian legal context.
In a construction accident, a lawyer can navigate the complexities of the law and represent the victim or their families. They help in understanding the circumstances of the accident, establishing negligence, and adequately quantifying damages. Legal assistance may be required in the event of incapacitating injuries, long-term or permanently disabling injuries, severe burns and scars or if there's a dispute with the insurance company about compensation or the rights of workers.
The key aspects of local laws that are particularly relevant to construction accidents in Awka include: the duty of employers to provide a safe work environment, and compulsory compensation for any injury or death arising out of and in the course of employment. According to Section 7 of the Nigerian Employees Compensation Act (NECA) 2010, accidents that occur at or in the course of work resulting in fatalities or injuries are mandatory to be compensated by employers. It also requires employers to submit a report to the Nigerian Social Insurance Trust Fund (NSITF) within a stipulated time from the occurrence of an accident. The ‘Personal Injury Case’ law in Nigeria also provides a legal basis for suing third parties in instances of caused injuries.
Yes, under Nigerian law, you have a right to sue your employer for negligence or any breach of statutory duty related to your safety at work.
No, compensation can be awarded to any construction worker who suffers harm due to a workplace accident, regardless of their registration status. However, documentation is essential in supporting the claims process.
The NSITF requires accidents to be reported within seven days from occurrence. Failure to do so may complicate the claims process.
Damages can be claimed for loss of earnings, medical bills, disabilities, disfigurement, and pain or suffering caused by an accident at a construction site.
The limitation period for all actions founded on negligence, nuisance or breach of duty is six years from the date the cause of action arises.
The Nigerian Social Insurance Trust Fund, Personal Injury Law and Nigerian Employees Compensation Act can be valuable resources when navigating construction accident law in Nigeria. Additionally, the Nigerian Institute of Building and the Nigerian Society of Engineers can offer further insights and guidance in such matters.
If you need legal assistance in a construction accident, you should collect all related documents, medical records and make note of all related expenses. It is also advised to promptly report the accident to relevant national bodies. You should then find a reputable personal injury lawyer or law firm specializing in construction accidents, to assist with the process of claiming compensation.
