Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (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.