Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Trinidad and Tobago (Ratification: 1963)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Information on the ongoing reform process. In reply to the Committee’s previous request on the reform process in respect of accident compensation, the Government indicates in its report that the comments received from stakeholders on the revision of the Workmen’s Compensation Act (Chapter 88:05) of 1960 have been assessed and that a Draft Policy Proposal document has been prepared and reviewed by the Minister of Labour and Small Enterprise Development (MOLSED), responsible for the oversight of the Workmen’s Compensation Act, in consultation with the Ministry of Planning and Development. The Government further indicates that, in the absence of a division within MOLSED that administers or regulates the Workmen's Compensation Act, a number of proposals are currently being explored to improve the governance of the scheme. These comprise (1) the establishment of a Tripartite Committee under the purview of the Ministry of Labour, following approval by Cabinet, to review the Workmen’s Compensation Act; (2) the establishment of a Review Committee under the new legislation for future periodic review of the workmen’s compensation scheme; and (3) the conduct of a Financial Impact Analysis, along with wider consultation in order to advance to policy. Noting these developments, the Committee encourages the Government to pursue its efforts to improve the effectiveness of the workers’ compensation scheme and requests the Government to continue providing information on the reform process in respect of accident compensation and on any relevant legislative development in this regard.

Application of the Convention in practice. The Committee notes the Government’s reply to its request for specification concerning the manner in which the principle of equality of treatment was implemented in practice, in case the beneficiary transferred his or her residence abroad following an employment injury. It notes, in particular, the indication by the Government that, although the current legislation does not regulate such situations, in practice, the National Insurance Board of Trinidad and Tobago (NIBTT) has determined that residency status was not a criterion in determining the qualification or non-qualification of an applicant for the employment injury benefits, and that payments of such benefits continued when a beneficiary resided abroad. The Committee requests the Government to specify whether the payments of employment injury benefits are made to beneficiaries living abroad regardless of their nationality.

The Committee further notes that, according to the Government, if a beneficiary is required to undertake a medical assessment to determine the continuation of either the Injury or Disablement Benefits and fails to do so because of their residence outside of Trinidad and Tobago, the benefit will be discontinued due to their non-compliance with the NIBTT's request and not because of their residency status, as such. The Committee requests the Government to indicate whether the medical assessment required for determining whether entitlement to employment injury benefits continues can be undertaken in the country of residence of the beneficiary, if he/she resides abroad, and, if so, under which conditions.

Finally, the Committee notes the Government’s indication that the MOLSED will take into consideration how the principle of equality of treatment can be dealt with in the review of the Workers’ Compensation Act. The Committee welcomes this indication and requests the Government to provide information on measures taken or envisaged to ensure that the principle of equality of treatment between nationals and non-nationals in respect of workers’ compensation is applied in the national legislation.

Furthermore, the Committee requests the Government to supply statistical data on the approximate number of foreign workers in Trinidad and Tobago, their nationality and occupational distribution. The Committee further requests the Government to provide statistical data on the number and nature of the accidents reported and compensated in the case of foreign workers. It also requests the Government to indicate the amounts of compensation paid, in the case of residency outside the territory of Trinidad and Tobago, to its nationals and to foreign nationals from countries that have ratified the Convention, or to their dependants.