Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

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.