You have the right to claim compensation for illness contracted at work.
Anyone who is incapacitated by a disease he contracted at work may be entitled to compensation under the NSSA Accident Prevention and Worker’s Compensation Scheme. This compensation is only available to workers in the formal sector.
To qualify, the person claiming must be suffering from one of the 32 diseases specified in the second schedule of the NSSA (Accident prevention and workers compensation scheme)(Prescribed Matters) Notice S.I 68 of 1990.
The following are some of the diseases to claim compensation for, the whole list is found in S.I 68 of 1990;
- Pneumoconiosis that is caused by mineral dust, or any other occupational dust.
- Asthma that is caused by sensitizing agents or any irritants.
- Diseases that are caused by phosphorus, beryllium, manganese, mercury, chromium, arsenic, lead, fluorine, carbon disulfide compounds, etc.
- Hearing impairment caused by noise.
- Skin diseases that are caused by chemical or biological agents.
- Lung Cancer.
- Poisoning.
- Any cancer caused by physical, biological, or chemical agents.
- Any other diseases certified by a medical practitioner to have been caused by an occupation.
All you need to claim for a disease not mentioned in the second schedule is to have medical evidence showing that the disease you are suffering from was caused by your occupation.
The compensation we are talking about here is proof that the law recognizes that certain occupations pose huge risks to a person’s health. Although money does not reverse the damage to health, it assists the victim to support themselves and to console them of their loss of capacity to perform certain tasks.
Our law has not yet developed to such an extent that a person can claim for mental health disorders arising from occupation, although it would be a very welcome improvement.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content is simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
The Legal Digest 