Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Sainte-Lucie (Ratification: 1980)

Autre commentaire sur C017

Observation

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The Committee notes with deep concern that the Government’s report, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 7 of the Convention. Additional compensation for the constant help of another person. For many years, the Committee has been noting that no provision is made in national legislation for the payment of additional compensation for injured workers requiring the constant help of another person. The Committee notes with concern that the legislative texts regulating the provision of compensation in case of work accident, particularly the National Insurance Corporation Act No. 18 of 2000 and the National Insurance Regulations of 2003, have not been amended in this respect. Recalling that Article 7 of the Convention requires that all injured persons whose incapacity is of such nature that they need the constant help of another person be provided with additional compensation, the Committee requests the Government to take the necessary measures, without further delay, to bring the national legislation in line with Article 7 of the Convention.

Articles 9 and 10. Medical, surgical and pharmaceutical aid, artificial limbs and surgical appliances free of charge. Since the adoption of the National Insurance Regulations of 2003, the Committee has been noting that, under its section 68(2), the compensation for medical, surgical or pharmaceutical expenses is limited to 20,000 East Caribbean dollars, whereas no such ceiling is foreseen in Articles 9 and 10 of the Convention in case of work accident. The Committee notes with concern that the provision of section 68(2) of the National Insurance Regulations of 2003 remains the same. Recalling that pursuant to Articles 9 and 10 of the Convention, necessary medical, surgical and pharmaceutical aid as well as the artificial limbs and surgical appliances shall be provided free of charge to the victims of work accidents, without limitation of cost, the Committee requests the Government to take the necessary measures, without further delay, to bring the national legislation in full compliance with Articles 9 and 10 of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.