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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Bahamas (Ratification: 1976)

The Committee notes the 1999, 2003 and 2007 amendments to the National Insurance (Benefit and Assistance) Regulations and wishes to draw the Government’s attention to the following points.

Article 5 of the Convention. Guarantees of the proper utilization of the compensation paid in the form of a lump sum. The Committee regrets to note that the Government’s report does not indicate any progress made with a view to assuring that the compensation paid in a lump sum is properly utilized by victims of occupational accidents.

Article 7. Additional compensation to injured workers requiring the constant help of another person. With reference to its observation, the Committee notes the new section 55A of the National Insurance (Benefit and Assistance) Regulations which provides for an additional amount equal to 20 per cent of the disablement benefit to be paid to persons with disablement assessed at 100 per cent and requiring constant care and attendance. The Committee asks the Government to indicate whether this additional amount will be paid also to persons requiring constant help with a degree of disablement assessed at 80 per cent (amputation through both feet proximal to the metatarsophalangeal joint, amputation at or above knee but below hip) or 90 per cent (amputation of both feet resulting in end-bearing stumps, amputation at hip), as specified in the fourth schedule of the abovementioned Regulations. Please also indicate whether such an additional amount will be provided to persons requiring constant help and receiving injury benefit paid for temporary incapacity under section 47 of these Regulations.

Article 9. Medical, surgical and pharmaceutical aid. Section 71(2) of the National Insurance (Benefit and Assistance) Regulations, as amended in 1998 and 2003, limits the provision of medical care (including pharmaceutical, surgical and hospital care) to victims of industrial accidents to 40 weeks, unless the degree of disablement is 25 per cent or more, in which case the medical care continues for two years from the date of injury. According to section 71(3) of these Regulations, the medical care may continue beyond two years in any individual case, if the director (appointed by the National Insurance Board) considers it necessary. Taking into account that, in accordance with Article 9 of the Convention, free medical, surgical and pharmaceutical aid shall be provided throughout the contingency, the Committee requests the Government to indicate how the provision of such aid is ensured to workers whose state of health require aid beyond the time limits specified in the abovementioned Regulations.