Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the information provided by the Government in response to its previous comments and wishes to draw its attention to the following points.

Article 5 of the Convention. Compensation in the form of periodical payments in the case of permanent partial incapacity. The Committee notes that, according to section 14 of Act No. 24.557 on occupational risks, as modified by Decree No. 1278 of 2000, the payments of compensation in the form of periodical payments to victims of industrial accidents have been repealed for persons whose incapacity is equal to or lower than 50 per cent. Henceforth, this category is only entitled to a one-off payment in capital representing 53 times the base salary. The Committee wishes to point out in this respect that, by virtue of Article 5 of the Convention, the compensation payable to the victims of industrial accidents, or their dependants, where permanent incapacity or death results from the injury, needs to be paid in the form of periodical payments. Exceptionally, this compensation may be, wholly or partially, paid in a lump sum, only if the competent authority is satisfied that it will be properly utilized. In this respect, the Committee has always considered that payment of the entire compensation in the form of a lump sum could only be made where the rate of incapacity does not exceed 25 per cent. It consequently requests the Government to re-examine the matter with a view to reinstating the right of victims of industrial accidents with 50 per cent or less of permanent incapacity to receive compensation in the form of periodical payments. In the meantime, it invites the Government to supply with its next report complementary information enabling it to appreciate the manner in which the competent authorities make sure of the proper utilization of the funds paid to such victims of occupational accidents.

Article 9 of the Convention. Medical benefits. Surgical care. With reference to its previous comments, the Committee notes that the Government’s report does not supply sufficient information establishing that surgical care is provided free of charge to victims of occupational accidents. It therefore hopes that, in its next report, the Government will supply all the necessary complements of information in this regard and will clarify whether free surgical care forms part of medical care guaranteed by section 20 of Act No. 24.557 above to workers who suffer employment injury.

Article 10. Provision of artificial limbs and surgical appliances, as well as rehabilitation measures. By virtue of section 20 of Act No. 24.557, victims of employment injury shall benefit from the provision of artificial limbs and surgical appliances, as well as rehabilitation measures. The Committee had previously invited the Government to indicate whether, and by virtue of which provisions, injured workers benefit from the renewal of artificial limbs and surgical appliances. In its last report, the Government confines itself to indicating that the authority responsible for occupational risks (ART) establishes the conditions in this regard and that any beneficiary may lodge an appeal against the decisions made by this administration. The Committee is therefore bound to once again request the Government to supply with its next report the normative texts regulating the provision of artificial limbs and surgical appliances and to indicate the manner in which they are implemented by the ART.