Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

For many years the Committee has been drawing the Government’s attention to the fact that the national legislation (Workmen’s Compensation Ordinance, No. 24 of 1956, as amended) on compensation for occupational accidents does not allow full effect to be given to the Convention. In its last report, the Government indicates that there has been no change in the legislation, and that the latter is adequate for Antigua and Barbuda. In these circumstances the Committee must once again express the hope that the Government will be able to re-examine the matter and that it will take the necessary steps to bring national law and practice into full conformity with the Convention, as follows.

Article 5 of the Convention. Section 8 of the Workmen’s Compensation Ordinance, No. 24 of 1956, should be amended so as to ensure that the compensation due in the event of accidents causing permanent incapacity shall be paid in the form of periodical payments, provided that it may be paid wholly or partially in a lump sum, if the competent authority is satisfied that it will be properly utilized.

Article 7. This provision of the Convention provides for additional compensation for victims of injuries who need the assistance of a third person. However, section 9 of the above Ordinance provides for additional compensation only in the event of temporary incapacity.

Article 9. According to section 6(3) of the above Ordinance, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment undergone by a worker as a result of an occupational accident up to a prescribed amount, whereas the Convention does not prescribe any limits in such cases. Furthermore, the legislation does not appear to make express provision for surgical and pharmaceutical costs, contrary to this Article of the Convention. The Committee therefore asks the Government to take the necessary steps to give full effect to this provision of the Convention.

Article 10. The Committee notes that the legislation does not ensure the provision of surgical appliances and artificial limbs in general. Section 10 of the abovementioned Ordinance provides for the supply of artificial limbs only when this is likely to improve the earning capacity. The Committee recalls that this provision of the Convention requires surgical appliances and artificial limbs to be supplied in all cases in which they are recognized as necessary, and not only with a view to improving the earning capacity. The Committee therefore asks the Government to take the necessary measures to bring its legislation into full conformity with this Article of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.