ABSTRACT

Employer and Employee relationship creates mutual duties and responsibilities which are

complimentary. This duty is for the Safety and Health of the employee. The Government, on the

other hand, has a complimentary role to play in the discharge of this duty, hence the duty now

create a tripartite responsibility which is mutual and complimentary. To an Employee; the

responsibility is to take care of him/herself and a fellow employee in the course of the

employment. The Employer has the responsibility among several others to compensate an

injured employee while the Government responsibility is to create and enforce its policies

towards the welfare of all employees among several other responsibilities. However, the welfare

of employees in both Public and Private Sectors have remained a mirage despite their

contributions to national growth. The Government has now awaken to discharge one of its

responsibility through a backed up legislation; Employees‟ Compensation Act, 2010. Although,

there are previous legislation on workers‟ compensation, the new Act has distinguished itself by

being all encompassing in scope and application. The Scheme, which is a Social Insurance, is

being run by a government agency; Nigeria Social Insurance Trust Fund (NSITF) for six (6)

years now. The question that readily comes to mind is how has the scheme touched, improved or

set proper path for the welfare of the Nigerian employees? The aim of this research is to appraise

the Employees‟ Compensation Act, 2010 with the objectives of appraising the prospects and

challenges of the Act, to examine the operation of NSITF in relation to the support for

employees‟ compensation and finally to proffer solutions to some flaws of the Act for future

amendments. The research methodology adopted is doctrinaland the research has made several

findings among which are; the State- Managed Scheme operated presently has hindered the

acceptance and effectiveness of the employees‟ compensation scheme in Nigeria. Also some

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provisions of the Act are over flawed and uncon