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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

In reply to the issues raised in the direct request of 2008, the Government indicates in its report of 2012 that in 2009 it requested the National Insurance Board to provide the specific information needed and undertakes to forward it as soon as it is received. The Committee notes that, having waited in vain for the answer from the National Insurance Board for the last four years, the Government maintains the hope of receiving this information sometime in the foreseeable future and forwarding it to the Office. The Committee would nevertheless like the Government to take concrete, active and rapid measures with a view to bringing the national law and practice into conformity with the Convention on the following points.

Article 5 of the Convention. Proper utilization of the compensation paid in the form of a lump sum. The Committee points out that national law and practice contain no such guarantees, contrary to the Convention.

Article 7. Additional compensation to injured workers requiring the constant help of another person. 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 disability benefit to be paid to persons with disability assessed at 100 per cent and requiring constant care and attendance. The Committee requests the Government to indicate whether this additional amount will be paid also to persons requiring constant help with a degree of disability 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 disability 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 requires aid beyond the time limits specified in the abovementioned Regulations.

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

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.

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

With reference to its previous comments, the Committee notes with satisfaction the new section 55A of the National Insurance (Benefit and Assistance) Regulations, inserted by the amendment of 1998, 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, thus ensuring better application of Article 7 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 5 of the Convention. In response to the Committee's previous comments regarding assurances as to of the proper utilization of the compensation paid in the form of a lump sum in the case of incapacity of less than 25 per cent, the Government states in its report received in 1998 that the recommendations arising out of the ILO's technical mission to the Bahamas are currently being reviewed by the National Insurance Board to enable the Government to take a position which would be consistent with national conditions. The Committee notes this information and requests the Government to kindly indicate in its next report any measures taken in this respect.

Article 7. The Committee recalls that since the Convention came into force in the Bahamas, it has been drawing the Government's attention to the need to include a provision in its legislation which will ensure additional compensation for injured workmen who require the constant help of another person. In this regard, the Committee notes that the Government has indicated in successive reports communicated since 1994 that it is considering amending the 1975 regulations issued under the National Insurance Act, 1972.

In its report received in 1998, the Government indicated that the National Insurance Board does provide financial assistance for the care of injured workmen who require constant help and that, as a rule, most expenses related to incapacity arising out of industrial accidents are met by the Board. The Committee notes this information with interest. It notes that the Government no longer appears to envisage amending current legislation and therefore requests the Government to kindly specify in its next report under which provisions of national laws or regulations the National Insurance Board provides for additional compensation to injured workmen who require the constant help of another person as stipulated by this provision of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. In reply to the Committee's previous comments concerning guarantees of the proper utilization of the compensation paid in the form of a lump sum in the case of incapacity of less than 25 per cent, the Government indicates that the technical mission of the ILO to the Bahamas, which should take place soon, is expected to make appropriate recommendations on this subject. The Committee therefore reiterates its hope that, with the technical assistance of the ILO, the authorities will examine the matter so as to find a solution that is in conformity with the Convention and takes into account national conditions.

Article 7. In reply to the Committee's previous comments, the Government indicates that as a result of a change in the Government, there are to be reviews of the National Insurance Act, 1972, which may result in some amendments or changes, but that no time indication can be given at this moment. The Committee notes this information. It recalls in this respect that since 1984 the Government has been indicating that it was considering the amendment of the 1975 Regulations issued under the National Insurance Act, 1972. The Committee trusts therefore that, in reviewing the above-mentioned texts, the Government will not fail to take measures to implement the provisions of Article 7 of the Convention, according to which additional compensation shall be granted to injured workmen whose incapacity calls for the constant help of another person.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. In reply to the Committee's previous comments concerning guarantees of the proper utilization of the compensation paid in the form of a lump sum in the case of incapacity of less than 25 per cent, the Government indicates that the technical misssion of the ILO to the Bahamas, which should take place soon, is expected to make appropriate recommendations on this subject. The Committee therefore reiterates its hope that, with the technical assistance of the ILO, the authorities will examine the matter so as to find a solution that is in conformity with the Convention and takes into account national conditions.

Article 7. In reply to the Committee's previous comments, the Government indicates that as a result of a change in the Government, there are to be reviews of the National Insurance Act, 1972, which may result in some amendments or changes, but that no time indication can be given at this moment. The Committee notes this information. It recalls in this respect that since 1984 the Government has been indicating that it was considering the amendment of the 1975 Regulations issued under the National Insurance Act, 1972. The Committee trusts therefore that, in reviewing the above-mentioned texts, the Government will not fail to take measures to implement the provisions of Article 7 of the Convention, according to which additional compensation shall be granted to injured workmen whose incapacity calls for the constant help of another person.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 5 of the Convention. With reference to its previous comments, the Committee once again notes that the Government does not have the means to satisfy itself of the proper utilisation of the compensation paid in the form of a lump sum in the case of incapacity of less than 25 per cent. It nevertheless notes with interest that the Government has requested technical assistance from the ILO in order to examine all its national insurance legislation and that a technical mission is being planned soon. It therefore hopes that, with the technical assistance of the ILO, the authorities will examine the matter so as to find a solution that is in conformity with the Convention and takes into account national conditions. The Committee requests the Government to report all progress achieved in this respect.

2. Article 7. With regard to the compensation which must be paid under this provision to an injured workman whose incapacity calls for the constant help of another person, the Committee notes that the examination that had been commenced with a view to amending the 1975 Regulations issued under the National Insurance Act, 1972, is still under way. It once again hopes that this amendment will be adopted in the very near future to give effect to this provision of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its reports. In particular, it notes with interest the information on the effect given to the Convention in practice.

1. Article 5 of the Convention. With reference to its previous comments, the Committee once again notes that the Government does not have the means to satisfy itself of the proper utilisation of the compensation paid in the form of a lump sum in the case of incapacity of less than 25 per cent. It nevertheless notes with interest that the Government has requested technical assistance from the ILO in order to examine all its national insurance legislation and that a technical mission is being planned soon. It therefore hopes that, with the technical assistance of the ILO, the authorities will examine the matter so as to find a solution that is in conformity with the Convention and takes into account national conditions. The Committee requests the Government to report all progress achieved in this respect.

2. Article 7. With regard to the compensation which must be paid under this provision to an injured workman whose incapacity calls for the constant help of another person, the Committee notes that the examination that had been commenced with a view to amending the 1975 Regulations issued under the National Insurance Act, 1972, is still under way. It once again hopes that this amendment will be adopted in the very near future to give effect to this provision of the Convention.