Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 5 of the Convention. Benefits in the form of periodical payments paid throughout the contingency. Referring to its previous observation, the Committee notes the Government’s indication that the total amount of the compensation payable in case of employment injury is first calculated according to sections 5 and 6 of the Employees’ Compensation Ordinance (as amended in 2009), and subsequently deposited with the registrar and payable by way of periodical payments. Thus the Government ensures that the amount of compensation deposited is sufficient to ensure the payment of compensation throughout the contingency. The Committee notes in this respect that the above provisions establish maximum amounts of compensation; that is £8,000 in case of loss of the breadwinner, £9,000 in case of permanent total disablement and a proportionally reduced amount in case of permanent partial disablement. The Committee observes that given that the amounts of lump sums do not represent in each case the actuarial equivalent of the periodical payment that would have been paid, the funds deposited with the registrar could come to exhaustion within a few years, leaving the beneficiaries without any other source of income. The Government is therefore requested to explain what happens in case of exhaustion of the funds.