Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Isle of Man

Articles 9 and 10 of the Convention. Cost sharing in the cost of drugs, medicines and appliances. In reply to the Committee’s previous comments concerning the cost sharing by the victims of employment accidents in the cost of drugs, medicines and appliances prescribed for outpatients, the Government reiterates that the current arrangements for exemption from cost sharing are considered adequate in so far as they protect victims of occupational accidents who may have difficulty in meeting the cost of prescription charges. The Government considers that the existence of these extensive exemption and charge remission arrangements are intended to ensure that no one in need be deterred from obtaining any necessary medication on financial grounds and indicates that currently 87 per cent of all prescription items are dispensed free of charge. Furthermore, the level of prescription charges is nearly half of that applied, for example, in England or Scotland. While it takes due note of this information, the Committee is bound to once again recall that any provision envisaging the sharing by the victim of an occupational accident in the cost of prescribed drugs, medicines and artificial limbs and surgical appliances is contrary to the provisions of Articles 9 and 10 of the Convention. These provisions are intended to prevent workers from having to bear the financial costs resulting from employment injury. In these circumstances and considering the numerous exemption arrangements that already exist, the Committee considers that the Government should be able to include all victims of occupational accidents, irrespective of their income level, within the category of insured persons exempt from cost sharing so that medical assistance and appliances dispensed to outpatients are provided free of charge to all victims of industrial accidents. The Committee trusts that the Government will re-examine this question and take the measures necessary to ensure the full implementation of the Convention on this point. In this respect, it also requests the Government to refer to the observation concerning the application of the Convention by the United Kingdom.