Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

In its previous observation the Committee asked the Government to provide full information, including statistics, permitting an assessment of the changes in the definition of employment injury and in the burden of proof introduced since 1993, in the light of Article 8 of the Convention, as well as the abolition of a one-day waiting period for the payment of the cash benefits for incapacity for work due to a victim of an employment injury, in accordance with Article 9(3). In reply, the Government indicates that a new Work Injuries Commission was appointed in 1997, which had in particular to analyse the last few years’ changes in the work injury insurance legislation and to consider the definition of a work injury. This Commission dealt also with the problem of the waiting day rule applied to cases where short-term sickness was related to employment and presented various solutions which could be considered in order to meet the requirements of the Convention. The report of the Commission has been circulated for comment. While new demands have been made for changes to the insurance, adequate solutions have proved hard to find as regards both the waiting day question and certain other matters. For these reasons, work is still in progress on work injury insurance and its future design. In conclusion, the Government states its intention to introduce a bill on the subject in the spring of 2000.

The Committee notes this information, as well as certain judicial decisions and detailed statistics on the number of work injury claims filed, assessed, accepted and rejected over the last 18 years supplied by the Government with its report. It observes that since the introduction of the new rules in 1993, in 1998 the total number of reported work injury insurance cases and of those reported for decision decreased by more than half, while the number of accepted claims decreased by two-thirds. The Committee would like the Government to explain in its next report the reasons for such a drastic reduction in the number of claims submitted and accepted for compensation. The Committee would also like to be kept fully informed on the results of the discussions on the future design of the work injury insurance and on the measures taken in consequence. It trusts that in elaborating the new structure of sickness and work injury insurance, the Government will be able to find solutions which will ensure payment of the employment injury cash benefit from the first day of incapacity, in accordance with Article 9(3) of the Convention, and in all cases covered by Article 8 and Schedule I to the Convention.