Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

The Committee notes the adoption of the Workers’ Compensation Act No. 10 of 1999. It also notes that persons excluded from the scope of Act No. 10 are covered by the Public Servants Service Act No. 35 of 1996. In this respect, it requests the Government to provide additional information on the following points.

Article 5 of the Convention. Guarantees for the proper utilization of the compensation paid in the form of a lump sum. Under section 2, paragraph 1(b), of Schedule II to the Public Service Pensions Act, the compensation paid to the victim in the case of an occupational accident resulting in permanent incapacity may be paid, with his consent and the agreement of the competent authority, in the form of a lump sum. Section 3, paragraph 5, of this schedule also provides for the payment of compensation in the form of a lump sum to the dependants of a worker who has died as a result of an occupational accident. The Committee requests the Government to specify the authority competent to decide on the payment of a lump sum and to indicate the guarantees usually required for the proper utilization of compensation.

Article 7. Additional compensation paid to persons whose physical state requires the constant assistance of another person. The Committee notes that the Public Service Pensions Act does not contain specific provisions on the payment of a supplement to persons injured in such a way as to require the constant help of another person. However, the Committee notes that section 4, paragraph 3, of Schedule II of the Public Service Pensions Act provides for supplementary compensation in the event of unavoidable expenses directly attributed to medical examinations and treatment for occupational injuries incurred. The Government is therefore requested to explain how the protection provided for under this provision of the Convention is guaranteed to the persons covered by the abovementioned Act.