Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 5 of the Convention. The Committee notes that Article 14 of the Social Security (Jersey) Law, 1974, as subsequently amended, establishes contribution conditions for the granting of short- and long-term incapacity benefits as well as incapacity pensions. It requests the Government to indicate whether the above conditions also apply to industrial accidents considering that this provision of the Convention does not authorize compensation payable to injured workers to be subjected to minimum periods of contributions.

Article 7. The Committee recalls that, 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. It is bound to observe that under the laws and regulations currently in force in Jersey the attendance allowance payable to physically or mentally severely disabled people in need of the assistance of another person may still be granted only to persons who satisfy certain means tests and residence or birth conditions. In these circumstances, the Committee once again expresses the hope 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 workers injured in industrial accidents 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 income support proposals will be implemented in May 2007 with sufficient flexibility to cover workers without residence conditions through the Health Insurance (Jersey) Law, 1967, to give greater subsidy for chronic conditions. The Committee takes note of 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.