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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Antigua and Barbuda (Ratification: 1983)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

For many years the Committee has been drawing the Government’s attention to the fact that the national legislation (Workmen’s Compensation Ordinance, No. 24 of 1956, as amended) on compensation for occupational accidents does not give full effect to a number of provisions of the Convention. In its last report, the Government indicates that actions are being taken to ensure that the necessary amendments to national legislation are made. The Committee hopes that, in its next report, the Government will indicate the measures that have been taken in order to ensure the conformity of national legislation and practice with the following provisions of the Convention.

Article 5 of the Convention. Compensation in the form of a lump sum. Section 8 of the Workmen’s Compensation Ordinance, No. 24 of 1956, should be amended so as to ensure that the compensation due in the event of accidents causing permanent incapacity shall be paid in the form of periodical payments, provided that it may be paid wholly or partially in a lump sum, if the competent authority is satisfied that it will be properly utilized.

Article 7. Additional compensation where the assistance of a third person is needed. This provision of the Convention provides for additional compensation for victims of injuries who need the assistance of a third person both in cases of temporary and permanent incapacity. Section 9 of the above Ordinance should therefore be amended so as to also grant additional compensation in the event of permanent incapacity.

Article 9. Medical and pharmaceutical treatment. According to section 6(3) of the above Ordinance, the employer is responsible for paying the “expenses and reasonable cost” of medical treatment undergone by a worker as a result of an occupational accident up to a prescribed amount, whereas the Convention does not prescribe any limits in such cases. Furthermore, the legislation does not appear to make express provision for surgical and pharmaceutical costs, contrary to this Article of the Convention.

Article 10. Provision of surgical appliances and artificial limbs in general. Section 10 of the abovementioned Ordinance provides for the supply of artificial limbs only when the injured person is likely to improve his/her earning capacity. The Committee recalls that this provision of the Convention requires surgical appliances and artificial limbs to be supplied in all cases in which they are recognized as necessary, and not only with a view to improving the earning capacity.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.