Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the adoption of Act No. 24.028 of 5 December 1991 and its implementing Decree, No. 1.792 of 28 September 1992 concerning compensation for occupational accidents and diseases. It would be grateful if the Government would provide additional information on the application of the Convention in respect of the following points:

Article 1 of the Convention. Section 2(3) of Act No. 24.028 of 1991 and section 2(3) of its implementing regulations provide that: "in the event of concurrence of the causal factors attributable to workers and the causal factors attributable to work", only the damage, as determined by the administrative or judicial authority as appropriate, caused by the latter factors shall be compensated.

The Committee would be grateful if the Government would provide information on the scope of this provision, deriving from administrative or judicial decisions.

Article 2. Please indicate whether apprentices are covered by Act No. 24.028 of 1991 pursuant to section 1(2).

Article 5. The Committee notes that under section 8 of Act No. 24.028 of 1991, the compensation for permanent, total or partial incapacity due to an occupational accident is paid to the injured person or his dependants in the form of a lump sum which, under section 11, must be deposited by the employer or the insurer with a court or with the administrative labour authority, which will make out a cheque in the name of the injured person. In the event of death the amount in question may be paid directly to the injured person's dependants under supervision of the administrative labour authority.

The Committee would be grateful if the Government would indicate how effect is given to this provision of the Convention under which compensation in the event of death or permanent incapacity shall be paid in the form of periodical payments, although payment in a lump sum is authorized if the competent authority is satisfied that it will be properly used.

Article 8. The Committee asks the Government to indicate whether, and by what methods, the review of compensation is prescribed in the event of increased incapacity, in accordance with this provision of the Convention.

Article 9. (a) The Committee notes that under section 10 of Act No. 24.028 of 1991 in the event of temporary incapacity for work, the injured person is entitled to receive, free of charge, the medical and pharmaceutical assistance required by his state of health. Furthermore, section 8 of the above Act establishes that temporary incapacity is presumed to be permanent, for the purposes of the Act, after one year.

The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that after the above-mentioned year has expired, the injured persons receive medical, surgical and pharmaceutical assistance, should such assistance still be necessary.

(b) Please state whether the medical assistance provided for in section 10 of Act No. 24.028 of 1991 also includes surgical assistance, in accordance with the Convention.