The Dilemma of an Injured Employee and the Doctrine of Exhaustion under the Employee’s Compensation Act

Adedayo, a staff of one of the leading Fast-Moving Consumer Goods (FMCG) companies in Nigeria, works in the food and beverages section of his company as a Factory Manager.

As part of his functions in the factory, he supervised the factory workers on all manufacturing operations. On a fateful day, his subordinates had complained that the tilter used for crating and loading food products was faulty; he had guessed the fault was from the power source and suggested that the machine be connected to a different power plant. Whilst the cables were being disconnected, the tilter powered on with extreme vibration that the loaded materials tumbled as the container was raised. There were no straps/barriers on the products, so they tumbled on Adedayo as he was standing by the tilter while the other factory workers were disconnecting the cables.

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