PhD Research Fellow at Department of English Law, Faculty of Laws and Political Science, University of Buea, Cameroon
In Cameroon, many workers faced injuries and death almost daily in the industries and work place. In most cases, many of them either sustain minor injuries or are incapacitated for life while a handful of them die as a consequence of these fatal accidents which″ arise out of and in the course of employment ″. In order to prevent or minimize the staggering numbers of casualties in our industries, certain duties and responsibilities have been placed on employers and employees of labour under common law for the safety of the workers in their work places. A breach of any of these duties by the employers entitles the worker to claim compensation for the injury sustained in the course of executing the job. This paper adopts a qualitative approach in the analysis of primary and secondary data relevant to the subject equally employees interviews to some employers and works who have suffered from industrial accidents and been compensated or not. Some findings of this papers shows that, generally, the employer is required to purchase and maintain workers compensation insurance to protect against the lose covered under the law. An employer’s liability policy may contain a condition that the insured shall take reasonable precautions to prevent accidents. Such condition will be satisfied by the insured taking precautions which can satisfy the test of reasonableness. This paper concludes that The Workman’s Compensation Decree of 1977 in Cameroon is the law relating to injuries and death of workmen for injury by accident or death suffered in the course of their duties. Compensation of workers for industrial accidents and occupational disease has for a long time been viewed with considerable concern by law. The paper recommends that a safety committee with defined responsibilities charged with the duty to prevent industrial injury, ensures safety, training, maintenance of safety regulation, maintains personal protection scheme, investigates accidents, undertakes safety inspection, provides safety incentive schemes and organizes safety Campaigns amongst many others. Equally, A workman’s ability to work is his only security but where he becomes unable to work due to injuries sustained at work place, compensation may be the only best security.
Article
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 1764 - 1795
DOI: https://doij.org/10.10000/IJLMH.117784This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021