Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

Article 7 of the Convention. The Committee notes that in reply to its previous comments the Government refers, as it has in the past, to the attendance allowance payable to people who are so severely disabled, physically or mentally, that they need the assistance of another person. This benefit is not contribution based and is not reserved for workers, but can be granted to any person who satisfies the conditions for its award. In this respect, the Committee had already indicated that the attendance allowance does not in itself give effect to Article 7 of the Convention, since it is subject to qualifying conditions (a means test and residence or birth in the country). Under the terms of this provision of the Convention, the additional compensation to be provided to injured workers requiring the constant help of another person is not subject to any conditions. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures to ensure that injured workers benefit from the attendance allowance without the imposition of any qualifying conditions.

Article 9. In its previous comments, the Committee drew the Government’s attention to the fact that any provision requiring the participation of injured workers in the cost of medical, surgical or pharmaceutical benefits required by their injury or making such assistance subject to a period of residence or contribution is contrary to the Convention. The Government indicates in this respect in its report that the national legislation has not changed and that persons who are not on limited means remain liable to share in the cost of pharmaceutical products. However, considerable work is currently being undertaken to review the current health benefits system. The Committee notes this information and hopes that in this context the Government will take the necessary measures to ensure the provision to injured workers of free medical and pharmaceutical aid, irrespective of the means of the injured worker and without any condition as to residence or contributions. Please provide information on any progress achieved in this respect.