Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Bermuda

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes with interest the enactment of the Workers’ Compensation Amendment Act 2011, whereby the Worker’s compensation is increased to two-thirds of the weekly earnings which the worker was earning at the time of the accident. Please specify whether the payment of the increased amount of compensation in the form of a lump sum under the Workers’ Compensation Act 1965 is subject, in practice, to any form of supervision by the competent authority.

CMNT_TITLE

The Committee notes with interest the enactment of the Workers’ Compensation Amendment Act 2011, whereby the Worker’s compensation is increased to two-thirds of the weekly earnings which the worker was earning at the time of the accident. Please specify whether the payment of the increased amount of compensation in the form of a lump sum under the Workers’ Compensation Act 1965 is subject, in practice, to any form of supervision by the competent authority.

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The Committee notes the Government’s response to its previous comments, according to which the Labour Advisory Council is currently in the final stages of putting recommendations together to forward to the minister to approve the Workmen’s Compensation Act in the near future which will give effect to the provisions of the Convention. The Committee hopes that the abovementioned Act will be amended without further delay and that it will include provisions implementing Article 5 of the Convention (payment of compensation in the form of periodical payments).

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. Compensation in the form of periodical payments. Since 1994, the Government indicates in its reports that a complete revision of the Workmen’s Compensation Act, 1965 (WCA), is projected in order to address the points covered by Article 5 of the Convention. In its last report, the Government points out that the revision of the above Act is still under consideration and that it has been referred for review to a subcommittee of the Labour Advisory Council, an advisory group consisting of labour stakeholders.

While it takes due note of this information, the Committee recalls that the non-conformity of national legislation with the requirements of Article 5 of the Convention has repeatedly been emphasized since 1978. The Committee therefore hopes that, in the very near future, the Government will amend the WCA so as to give effect to this provision of the Convention by virtue of which the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly used. The Committee requests the Government to indicate in its next report any progress achieved in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Article 5 of the Convention. Compensation in the form of periodical payments. Since 1994, the Government indicates in its reports that a complete revision of the Workmen’s Compensation Act, 1965 (WCA), is projected in order to address the points covered by Article 5 of the Convention. In its last report, the Government points out that the revision of the above Act is still under consideration and that it has been referred for review to a subcommittee of the Labour Advisory Council, an advisory group consisting of labour stakeholders.

While it takes due note of this information, the Committee recalls that the non-conformity of national legislation with the requirements of Article 5 of the Convention has repeatedly been emphasized since 1978. The Committee therefore hopes that, in the very near future, the Government will amend the WCA so as to give effect to this provision of the Convention by virtue of which the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly used. The Committee requests the Government to indicate in its next report any progress achieved in this respect.

[The Government is asked to reply in detail to the present comments in 2008.]

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Article 5 of the Convention. With reference to its earlier comments, the Committee notes that the Government again indicates in its report that a complete revision of the Workmen's Compensation Act is anticipated soon and that the legislation will deal with the points covered by Article 5 of the Convention. It trusts that the Government will take all the necessary measures to undertake revision of the Workmen's Compensation Act, thereby giving effect to this provision of the Convention which provides that the compensation payable to the injured workman, or his dependants, where permanent incapacity or death results from the injury, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum, if the competent authority is satisfied that it will be properly used. The Committee requests the Government to indicate in its next report all progress achieved in this respect.

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Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicates that it is continuing to give consideration to the points raised by the Committee and that a complete revision of the Workmen's Compensation Act is anticipated soon. The Committee notes this information with interest. It hopes that the Act will be revised in the near future and that the new Act will give full effect to the Convention and in particular to its Article 5, which provides in case of permanent incapacity or death that the compensation payable to the injured workman or his dependants (as the case may be) shall be paid in the form of periodical payments, throughout the whole contingency, and authorizes conversion into a lump sum if the competent authority is satisfied that it will be properly utilized. The Government is asked to indicate any progress made in this connection in its next report.

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Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicates that the Workmen's Compensation Act has not been brought into full conformity with the Convention; the points raised by the Committee continue to be considered by the Government. The Committee notes this information. It therefore again expresses the hope that the Act will be brought into full conformity with the Convention, which provides in the case of permanent incapacity or death that the compensation payable to the injured workman or his dependants (as the case may be) shall be paid in the form of periodical payments, throughout the whole contingency, and authorises conversion into a lump sum if the competent authority is satisfied that it will be properly utilised. The Committee requests the Government in its next report to indicate any progress made in this connection.