Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

For a number of years the Committee has been pointing out the incompatibility of the Workmen’s Compensation Ordinance, No. 24 of 1956, as amended, with certain provisions of the Convention. The Government states that the Committee’s comments are under careful consideration with a view to giving full effect to all the provisions of the Convention and that technical assistance is being sought to draft a modern Workmen’s Compensation Act. In addition, the Government reports that the National Labour Board is presently reviewing the Antigua and Barbuda Labour Code. The Committee would encourage the Government to approach the competent departments of the Office with the request for technical assistance in reviewing the national labour legislation and bringing it into conformity with international labour standards, including, in particular, the following provisions of the Convention:

–      Article 5 of the Convention (Compensation in the form of a lump sum). Section 8 of the Ordinance 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 (Additional compensation for assistance by a third person). Section 9 of the above Ordinance should be amended so as to grant additional compensation for victims of injuries who need the assistance of a third person in cases of permanent incapacity.

–      Article 9 (Medical and pharmaceutical treatment). Section 6(3) of the Ordinance should be amended so as not to prescribe any limit to the expenses and costs of medical treatment undergone by a worker as a result of an occupational accident for which the employer is responsible and include an express provision for coverage of related surgical and pharmaceutical costs.

–      Article 10 (Provision of surgical appliances and artificial limbs in general). Section 10 of the Ordinance should be amended to provide for surgical appliances and artificial limbs in all cases in which they are necessary, and not only with a view to improving the earning capacity of the person concerned.