Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2009, published 99th ILC session (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.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to 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 give full effect to a number of provisions of the Convention. In its last report, the Government indicates that actions are being taken to ensure that the necessary amendments to national legislation are made. The Committee hopes that, in its next report, the Government will indicate the measures that have been taken in order to ensure the conformity of national legislation and practice with the following provisions of the Convention.

Article 5 of the Convention. Compensation in the form of a lump sum. 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. Additional compensation where the assistance of a third person is needed. This provision of the Convention provides for additional compensation for victims of injuries who need the assistance of a third person both in cases of temporary and permanent incapacity. Section 9 of the above Ordinance should therefore be amended so as to also grant additional compensation in the event of permanent incapacity.

Article 9. Medical and pharmaceutical treatment. 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.

Article 10. Provision of surgical appliances and artificial limbs in general. Section 10 of the abovementioned Ordinance provides for the supply of artificial limbs only when the injured person is likely to improve his/her 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 hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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 actions are currently being taken to ensure that revisions to national legislation are made. The Committee takes due note of this information and hopes that, in its next report, the Government will indicate the measures that have been taken in order to ensure the conformity of national legislation and practice with the following provisions of the Convention.

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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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 actions are currently being taken to ensure that revisions to national legislation are made. The Committee takes due note of this information and hopes that, in its next report, the Government will indicate the measures that have been taken in order to ensure the conformity of national legislation and practice with the following provisions of the Convention.

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.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to 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 with regard to:

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.

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.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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 Government is asked to reply in detail to the present comments in 2004.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Government indicates, in response to the Committee's earlier comments which it has been making for a number of years, that there has been no change in the existing legislation. The Committee, therefore, is bound once again to ask the Government to take the necessary steps to bring national legislation and practice into full conformity with the following Articles of the Convention.

Article 5 of the Convention. Section 8 of the Workmen's Compensation Ordinance No. 24 of 1956 should be completed 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 to the injured workman or his dependants. However, the compensation may be paid wholly or partially in a lump sum, if the competent authority is given guarantees that it will be properly utilized.

Article 7. Section 9 of Ordinance No. 24 of 1956 does not provide for additional compensation in respect of the assistance of a third person except in cases of temporary incapacity, whereas the Convention provides in such cases for additional compensation to the victims of injuries who suffer from temporary or permanent incapacity.

Article 9. In accordance with section 6, paragraph 3, of Ordinance No. 24 of 1956, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment up to a prescribed amount, whereas the Convention does not prescribe any limits in this respect. Furthermore, national legislation does not provide for surgical and pharmaceutical aid which contravenes this Article of the Convention. The Committee therefore requests the Government to take the necessary steps in order to ensure that full effect is given to this provision of the Convention.

Article 10. The Committee recalls that there is no provision under which the supply of surgical appliances is generally prescribed. It points out that section 10 of Ordinance No. 24 of 1956 provides for the supply of artificial limbs only when this is likely to improve capacity for work, whereas the Convention prescribes this in all cases when they are recognized to be necessary and not only in cases where they are necessary to improve capacity for work. The Committee therefore requests the Government to take the necessary steps to bring national legislation into full conformity with this Article of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

In reply to the Committee's earlier comments, which have been made for a number of years, the Government indicates that there has been no change in the existing legislation. The Government adds, however, that it has taken due note of the Committee's comments. In this situation the Committee cannot but once again ask the Government to take the necessary measures in order to bring national legislation and practice into full conformity with the following Articles of the Convention:

Article 5 of the Convention. Section 8 of the Workmen's Compensation Ordinance No. 24 of 1956 should be completed 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 to the injured workman or his dependants. However, the compensation may be paid wholly or partially in a lump sum, if the competent authority is given guarantees that it will be properly utilized.

Article 7. Section 9 of Ordinance No. 24 of 1956 does not provide for additional compensation in respect of the assistance of a third person except in cases of temporary incapacity, whereas the Convention provides in such cases for the provision of additional compensation to the victims of injuries who suffer from temporary or permanent incapacity.

Article 9. In accordance with section 6, paragraph 3, of Ordinance No. 24 of 1956, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment up to a prescribed amount, whereas the Convention does not prescribe any limits in this respect. Furthermore, surgical and pharmaceutical assistance would not appear to be provided for in the legislation in accordance with this Article of the Convention. The Committee therefore requests the Government to take the necessary steps in order to ensure that full effect is given to this provision of the Convention.

Article 10. The Committee notes from the Government's report that there are no provisions under which the supply of surgical appliances is generally prescribed. It points out that section 10 of Ordinance No. 24 of 1956 provides for the supply of artificial limbs only when this is likely to improve capacity for work, whereas the Convention prescribes this in all cases when they are recognized to be necessary without permitting the supply of artificial limbs to be restricted to cases where they are necessary to improve capacity for work. The Committee therefore requests the Government to take the necessary steps in order to bring national legislation fully into conformity with this Article of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that for the second year in succession the Government's report has not been received. It hopes that report will be supplied for examination by the Committee at its next session and that it will contain full information on the following points raised in its previous comments:

Article 5 of the Convention. Section 8 of the Workmen's Compensation Ordinance No. 24 of 1956 should be completed 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 to the injured workman or his dependants. However, the compensation may be paid wholly or partially in a lump sum, if the competent authority is given guarantees that it will be properly utilized.

Article 7. Section 9 of Ordinance No. 24 of 1956 does not provide for additional compensation in respect of the assistance of a third person except in cases of temporary incapacity, whereas the Convention provides in such cases for the provision of additional compensation to the victims of injuries who suffer from temporary or permanent incapacity.

Article 9. In accordance with section 6, paragraph 3, of Ordinance No. 24 of 1956, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment up to a prescribed amount, whereas the Convention does not prescribe any limits in this respect. Furthermore, surgical and pharmaceutical assistance would not appear to be provided for in the legislation in accordance with this Article of the Convention. The Committee therefore requests the Government to take the necessary steps in order to ensure that full effect is given to this provision of the Convention.

Article 10. (a) Section 10 of the Ordinance No. 24 of 1956 provides for the supply of artificial limbs only when this is likely to improve capacity for work, whereas the Convention prescribes this in all cases when they are recognized to be necessary without permitting the supply of artificial limbs to be restricted to cases where they are necessary to improve capacity for work. The Committee therefore requests the Government to take the necessary steps in order to bring national legislation fully into conformity with this Article of the Convention.

(b) The Committee also requests the Government to indicate the provisions under which the supply of surgical appliances is generally prescribed.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that report will be supplied for examination by the Committee at its next session and that it will contain full information on the following points raised in its previous comments:

Article 5 of the Convention. Section 8 of the Workmen's Compensation Ordinance No. 24 of 1956 should be completed 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 to the injured workman or his dependants. However, the compensation may be paid wholly or partially in a lump sum, if the competent authority is given guarantees that it will be properly utilised.

Article 7. Section 9 of Ordinance No. 24 of 1956 does not provide for additional compensation in respect of the assistance of a third person except in cases of temporary incapacity, whereas the Convention provides in such cases for the provision of additional compensation to the victims of injuries who suffer from temporary or permanent incapacity.

Article 9. In accordance with section 6, paragraph 3, of Ordinance No. 24 of 1956, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment up to a prescribed amount, whereas the Convention does not prescribe any limits in this respect. Furthermore, surgical and pharmaceutical assistance would not appear to be provided for in the legislation in accordance with this Article of the Convention. The Committee therefore requests the Government to take the necessary steps in order to ensure that full effect is given to this provision of the Convention.

Article 10. (a) Section 10 of the Ordinance No. 24 of 1956 provides for the supply of artificial limbs only when this is likely to improve capacity for work, whereas the Convention prescribes this in all cases when they are recognised to be necessary without permitting the supply of artificial limbs to be restricted to cases where they are necessary to improve capacity for work. The Committee therefore requests the Government to take the necessary steps in order to bring national legislation fully into conformity with this Article of the Convention.

(b) The Committee also requests the Government to indicate the provisions under which the supply of surgical appliances is generally prescribed.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee noted the Government's first report and noted that the Workmen's Compensation Ordinance (No. 24 of 1956) was being updated. The Committee hoped that on this occasion national legislation and practice will be brought into full conformity with the following Articles of the Convention:

Article 5. Section 8 of Ordinance No. 24 of 1956 should be completed 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 to the injured workman or his dependants. However, the compensation may be paid wholly or partially in a lump sum, if the competent authority is given guarantees that it will be properly utilised.

Article 7. Section 9 of Ordinance No. 24 of 1956 does not provide for additional compensation in respect of the assistance of a third person except in cases of temporary incapacity, whereas the Convention provides in such cases for the provision of additional compensation to the victims of injuries who suffer from temporary or permanent incapacity.

Article 9. In accordance with section 6, paragraph 3, of Ordinance No. 24 of 1956, the employer is responsible for paying the "expenses and reasonable cost" of medical treatment up to a prescribed amount, whereas the Convention does not prescribe any limits in this respect. Furthermore, surgical and pharmaceutical assistance would not appear to be provided for in the legislation in accordance with this Article of the Convention. The Committee therefore requests the Government to take the necessary steps in order to ensure that full effect is given to this provision of the Convention.

Article 10. (a) Section 10 of the Ordinance No. 24 of 1956 provides for the supply of artificial limbs only when this is likely to improve capacity for work, whereas the Convention prescribes this in all cases when they are recognised to be necessary without permitting the supply of artificial limbs to be restricted to cases where they are necessary to improve capacity for work. The Committee therefore requests the Government to take the necessary steps in order to bring national legislation fully into conformity with this Article of the Convention.

(b) The Committee also requests the Government to indicate the provisions under which the supply of surgical appliances is generally prescribed.