Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Antigua-et-Barbuda (Ratification: 1983)

Autre commentaire sur C017

Observation

Demande directe

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For several years, the Committee has been underlining the non-application or partial application of some of the provisions of the Convention. The Committee recalls that in previous reports the Government had expressed its intention to modernize the Workmen’s Compensation Ordinance No. 24 of 1956. The Committee notes that the Government states in its report that it will act according to the Committee’s requests. The Committee therefore hopes that the Government will take the necessary measures as described below.

Article 5 of the Convention. Compensation in the form of a lump sum. The Committee requests the Government to amend section 8 of the Ordinance 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, or exceptionally 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. The Committee requests the Government to amend section 9 of the Ordinance in order to grant additional compensation for victims of work injuries who need the assistance of a third person in cases of permanent incapacity, and not only in cases of temporary incapacity.

Article 9. Medical and pharmaceutical treatment. The Committee requests the Government to amend section 6(3) of the Ordinance, 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. The Committee requests the Government to take the necessary measures to amend section 10 of the Ordinance so as 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.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which the Convention is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits.

The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.