Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la indemnización por accidentes del trabajo, 1925 (núm. 17) - Argentina (Ratificación : 1950)

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Observación

Solicitud directa

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With reference to its observations, the Committee notes the Government’s report, which contains a reply to the Committee’s direct request of 2007 as well as the observations on the Government’s report submitted by the Argentinian Workers Union (CTA) received on 31 August and 7 September 2012 and by the General Labour Union of the Republic of Argentina (CGT RA) received on 21 September 2012.

Article 5. Payment of compensation in lump sum. In its comments of 7 September 2012, the CTA stated that the Supreme Court has determined that periodical payments of compensation in case of death due to employment injury (section 14(2)(b) of Act No. 24.557 on occupational risks of 1995) are unconstitutional for not providing fair compensation: periodical payments lead to the fractioning of the capital and lose their real economic value as a result. In its comments submitted on 21 September 2012, the CGT RA also requested that workers have the option of lump-sum payments in cases of total and permanent invalidity. The Committee recalls that the compensation of victims of work injuries who suffer permanent disability or of their dependants in case of death should be done with the objective of ensuring their protection throughout the contingency. Normally, this is better achieved through periodical payments which are regularly adjusted according to substantial changes in the cost of living and inflation so as to maintain the value of the benefits throughout the payment period. Concurrently, where compensation to injured workers is paid instead in the form of a lump sum, a competent authority should ensure that the compensation would be properly utilized and would serve the purpose of protecting the workers from losing their means of subsistence. The Committee therefore requests the Government to provide detailed information and data concerning the mechanism and the rates of adjustment of periodical payments according to changes in the general level of earnings and the cost of living. Furthermore, the Committee once again invites the Government to indicate whether national competent authorities make sure that the funds, in the case of lump-sum payments, are not utilized in a way that is detrimental to the interests of protected persons. Finally, the Committee would like the Government to explain the impact of the decisions of the Supreme Court referred to by the CTA in law and practice.

Article 10. Provision of artificial limbs and surgical appliances. The CTA regrets the lack of legislative provisions concerning the renewal of orthopaedic and prosthetic appliances. In this respect the Government refers to the draft resolution of the Superintendencia de Riesgos del Trabajo (Superintendent of Occupational risks) on chronic cases, which establishes the duty of the authority responsible for occupational risks (ART) to undertake periodical revisions of the state of provided orthopaedic and prosthetic appliances. The Committee would like the Government to supply a copy of this resolution when adopted.

Article 9. Medical benefits. Surgical care. The report states that section 23 of Act No. 24.557 on work injuries guarantees all medical benefits, including surgical care, free of charge. As this section does not specifically mention surgical care, the Government is asked to indicate under which legislative provision surgical care is included within the medical care provided free of charge to the victims of work injuries.

[The Government is asked to reply in detail to the present comments in 2013.]