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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National law giving effect to the Convention. The Committee notes that the requested copy of the Workmen’s Compensation Act of 2000 (W30, Revised Statutes) repealing and replacing Ordinance No. 21 of 1955 on compensation for occupational injuries, has been annexed to the Government’s report, together with its implementing Workmen’s Compensation Regulations (W30-3). The Committee takes due note of the information provided by the Government on the manner in which the new legislation gives effect to each of the provisions of the Convention.

Article 2(2)(d). Exclusion of manual workers whose remuneration exceeds a certain limit. In its previous comments, the Committee noted that the Workmen’s Compensation Act, 2000 R.S.A. c. W30 provided that any person whose remuneration exceeds 10,000 East Caribbean dollars (XCD) a year or such sum as may from time to time by order be fixed by the Governor in Council was excluded from the definition of “workman” for the purposes of compensation in case of work-related accidents (section 1), with the result that the vast majority of manual workers were excluded from the protection offered by the Act. The Committee further observed that Article 2(2)(d) of the Convention only authorizes such exclusion for non-manual workers. The Committee notes with concern that no measures have been taken by the Government to this effect, although it has been reminding the Government for many years of the need to extend the scope of the workers’ compensation system to include all workers covered by the Convention. In view of the above, the Committee requests the Government to take the necessary measures, without further delay, to ensure the coverage of all manual workers, including those whose remuneration exceeds 10,000 XCD per year, for work accident compensation under national laws and regulations concerning workersʼ compensation, in accordance with Article 2(2)(d) of the Convention.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM tripartite working group), the Governing Body has decided that member States for which Convention No. 17 is in force and which is applicable to Anguilla should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) or to accept the obligations in Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and extend it to its non-metropolitan territories (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM tripartite working group and to consider ratifying Convention No. 121 or accepting the obligations in Part VI of Convention No. 102 and extend it to its non-metropolitan territories, as these represent the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. National law giving effect to the Convention. The Government indicates that it attached to its report the requested copy of the Workmen’s Compensation Act of 15 December 2000 (W30, Revised Statutes), which repealed and replaced Ordinance No. 21 of 1955 on compensation for occupational injuries. In view of the fact that no copy of the new legislation has been received by the Office, the Committee requests the Government to send a copy of the abovementioned Act together with its implementing regulations (W30-1, W30-2 and W30-3) as soon as possible and to provide detailed information on the manner in which the new legislation gives effect to each of the provisions of the Convention.

Article 2(2)(d). Exclusion of manual workers whose remuneration exceeds a certain limit. The Government confirms in its report that the ceiling of 10,000 East Caribbean dollars (XCD) established by the Workmen’s Compensation Act excludes the vast majority of manual workers in Anguilla. The Committee observes that Article 2(2)(d) of the Convention only authorizes this type of exclusion for non-manual workers and that it has been reminding the Government for many years of the need to extend the scope of the system to include all workers covered by the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee takes note of the enactment of the Workmen’s Compensation Act and asks the Government to submit with its next report the copies of this Act and of the Workmen’s Compensation Regulations together with information on the following points.

Article 2, paragraph 2(d) of the Convention. Exclusion of workers whose earnings exceed a certain limit. According to the Government’s report, any person whose remuneration exceeds 10,000 East Caribbean dollars a year or such sum as may, by order, be fixed by the Governor is excluded from the definition of workman and therefore from the scope of application of the Workmen’s Compensation Act. The Committee would like the Government to confirm, on the basis of wage data, whether this remuneration limit is set at such a level so as to ensure coverage by the Workmen’s Compensation Act of the large majority of manual workers in Anguilla.

Article 3. Exemption of certain classes of workers. In its report the Government indicates that the following persons are excluded from the definition of workman and therefore from the scope of application of the Workmen’s Compensation Act: members of the police force, including special and local constables; persons in the civil employment of Her Majesty otherwise than in the Government of Anguilla, who have been engaged in a place outside Anguilla; persons in the naval, military or air service of the Crown. The Committee requests the Government to indicate whether by making these exclusions it wishes to avail itself of the exemption permitted by this Article of the Convention.

Article 5. Compensation in the form of periodical payments. The Committee asks the Government to explain in its next report how this Article is applied in the light of the new legislation.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its earlier comments, the Committee had drawn attention to Ordinance No. 21 of 1955 on compensation for occupational injuries, which does not give full effect to certain provisions of the Convention. Thus, on the one hand, section 2(1)(a) of the Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, contrary to Article 2(2)(d) of the Convention which only authorizes this type of exclusion for non-manual workers and, on the other hand, section 8(a), (b) and (c) of the same Ordinance provides that, in the event of death or permanent incapacity, compensation shall be paid to the victim in the form of a lump sum, while Article 5 of the Convention guarantees compensation for the victim or his dependants in the form of periodical payments. Such compensation may however be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized.

In its report, the Government indicates that the draft legislation placing compensation for occupational injuries under the social security scheme has still not been implemented. However, sickness and survivors’ benefits are granted to victims of occupational accidents or their dependants under social security legislation without taking the occupational origin of the incident into account.

While noting this information, the Committee recalls that in its 1991 observation it drew the Government’s attention to the fact that the right to sickness, disablement and survivors’ benefits granted under the social security legislation (Social Security (Benefits) Regulations, 1981) is conditional upon a minimum qualifying period, which is contrary to the Convention. Given these circumstances, the Committee hopes the Government will take all the measures necessary to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment industry benefit scheme under the social security scheme in conformity with the Convention, or by amending section 2(1)(a) and section 8(a), (b) and (c) of Ordinance No. 21 of 1955 on compensation for occupational accidents in the light of the above comments. The Committee trusts that the Government’s next report will indicate progress achieved in this connection.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In its earlier comments, the Committee had drawn attention to Ordinance No. 21 of 1955 on compensation for occupational injuries, which does not give full effect to certain provisions of the Convention. Thus, on the one hand, section 2(1)(a) of the Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, contrary to Article 2(2)(d) of the Convention which only authorizes this type of exclusion for non-manual workers and, on the other hand, section 8(a), (b) and (c) of the same Ordinance provides that, in the event of death or permanent incapacity, compensation shall be paid to the victim in the form of a lump sum, while Article 5 of the Convention guarantees compensation for the victim or his dependants in the form of periodical payments. Such compensation may however be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized.

In its report, the Government indicates that the draft legislation placing compensation for occupational injuries under the social security scheme has still not been implemented. However, sickness and survivors’ benefits are granted to victims of occupational accidents or their dependants under social security legislation without taking the occupational origin of the incident into account.

While noting this information, the Committee recalls that in its 1991 observation it drew the Government’s attention to the fact that the right to sickness, disablement and survivors’ benefits granted under the social security legislation (Social Security (Benefits) Regulations, 1981) is conditional upon a minimum qualifying period, which is contrary to the Convention. Given these circumstances, the Committee hopes the Government will take all the measures necessary to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment industry benefit scheme under the social security scheme in conformity with the Convention, or by amending section 2(1)(a) and section 8(a), (b) and (c) of Ordinance No. 21 of 1955 on compensation for occupational accidents in the light of the above comments. The Committee trusts that the Government’s next report will indicate progress achieved in this connection.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

In its earlier comments, the Committee had drawn attention to Ordinance No. 21 of 1955 on compensation for occupational injuries, which does not give full effect to certain provisions of the Convention. Thus, on the one hand, section 2(1)(a) of the Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, contrary to Article 2(2)(d) of the Convention which only authorizes this type of exclusion for non-manual workers and, on the other hand, section 8(a), (b) and (c) of the same Ordinance provides that, in the event of death or permanent incapacity, compensation shall be paid to the victim in the form of a lump sum, while Article 5 of the Convention guarantees compensation for the victim or his dependants in the form of periodical payments. Such compensation may however be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized.

In its report, the Government indicates that the draft legislation placing compensation for occupational injuries under the social security scheme has still not been implemented. However, sickness and survivors’ benefits are granted to victims of occupational accidents or their dependants under social security legislation without taking the occupational origin of the incident into account.

While noting this information, the Committee recalls that in its 1991 observation it drew the Government’s attention to the fact that the right to sickness, disablement and survivors’ benefits granted under the social security legislation (Social Security (Benefits) Regulations, 1981) is conditional upon a minimum qualifying period, which is contrary to the Convention. Given these circumstances, the Committee hopes the Government will take all the measures necessary to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment industry benefit scheme under the social security scheme in conformity with the Convention, or by amending section 2(1)(a) and section 8(a), (b) and (c) of Ordinance No. 21 of 1955 on compensation for occupational accidents in the light of the above comments. The Committee trusts that the Government’s next report will indicate progress achieved in this connection.

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

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In its earlier comments, the Committee had drawn attention to Ordinance No. 21 of 1955 on compensation for occupational injuries, which does not give full effect to certain provisions of the Convention. Thus, on the one hand, section 2(1)(a) of the Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, contrary to Article 2(2)(d) of the Convention which only authorizes this type of exclusion for non-manual workers and, on the other hand, section 8(a), (b) and (c) of the same Ordinance provides that, in the event of death or permanent incapacity, compensation shall be paid to the victim in the form of a lump sum, while Article 5 of the Convention guarantees compensation for the victim or his dependants in the form of periodical payments. Such compensation may however be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized.

In its report, the Government indicates that the draft legislation placing compensation for occupational injuries under the social security scheme has still not been implemented. However, sickness and survivors’ benefits are granted to victims of occupational accidents or their dependants under social security legislation without taking the occupational origin of the incident into account.

While noting this information, the Committee recalls that in its 1991 observation it drew the Government’s attention to the fact that the right to sickness, disablement and survivors’ benefits granted under the social security legislation (Social Security (Benefits) Regulations, 1981) is conditional upon a minimum qualifying period, which is contrary to the Convention. Given these circumstances, the Committee hopes the Government will take all the measures necessary to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment industry benefit scheme under the social security scheme in conformity with the Convention, or by amending section 2(1)(a) and section 8(a), (b) and (c) of Ordinance No. 21 of 1955 on compensation for occupational accidents in the light of the above comments. The Committee trusts that the Government’s next report will indicate progress achieved in this connection.

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

The Committee notes that the Government's report gives no further particulars in reply to the earlier comments. It must therefore repeat its previous observation which read as follows:

In its previous comments that it has been making for a number of years, the Committee drew the Government's attention to the fact that the Workmen's Compensation Ordinance No. 21 of 1955, as amended, contains provisions contrary to the following Articles of the Convention: 1. Article 2, paragraph 1, of the Convention (in relation with Article 2, paragraph 2(d)). Section 2(1)(a) of the Workmen's Compensation Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, whereas the Convention does not authorize any exclusion of manual workers but only that of non-manual workers. 2. Article 5. In the event of death or permanent incapacity, section 8(a), (b) and (c) of the Workmen's Compensation Ordinance provides only for the payment of a lump sum, whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity or death shall be paid in the form of periodical payments provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized. In its last report the Government indicated that, while there has been no change in the legislation, the Board of Directors of Social Security is considering at present the third actuarial evaluation of the Social Security Scheme on Workmen's Compensation/Injury Benefit, prepared with the assistance of the ILO, with a view to selecting the most suitable means of financing; it is expected that this Scheme will be brought into effect in 1994. The Committee notes this information with interest. It hopes that the Government will be able to introduce the above Scheme in the near future and that the regulations to be adopted to this effect will ensure full application of the Convention, in particular on the abovementioned points. The Committee asks the Government to indicate any progress made in this respect in its next report.

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

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

In its previous comments that it has been making for a number of years, the Committee drew the Government's attention to the fact that the Workmen's Compensation Ordinance No. 21 of 1955, as amended, contains provisions contrary to the following Articles of the Convention:

1. Article 2, paragraph 1, of the Convention (in relation with Article 2, paragraph 2(d)). Section 2(1)(a) of the Workmen's Compensation Ordinance excludes from its scope manual workers whose earnings exceed a certain limit, whereas the Convention does not authorize any exclusion of manual workers but only that of non-manual workers.

2. Article 5. In the event of death or permanent incapacity, section 8(a), (b) and (c) of the Workmen's Compensation Ordinance provides only for the payment of a lump sum, whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity or death shall be paid in the form of periodical payments provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilized.

In its last report the Government indicated that, while there has been no change in the legislation, the Board of Directors of Social Security is considering at present the third actuarial evaluation of the Social Security Scheme on Workmen's Compensation/Injury Benefit, prepared with the assistance of the ILO, with a view to selecting the most suitable means of financing; it is expected that this Scheme will be brought into effect in 1994.

The Committee notes this information with interest. It hopes that the Government will be able to introduce the above Scheme in the near future and that the regulations to be adopted to this effect will ensure full application of the Convention, in particular on the above-mentioned points. The Committee asks the Government to indicate any progress made in this respect in its next report.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous comments, the Committee drew the Government's attention to the fact that the Workmen's Compensation Ordinance No. 21 of 1955, as amended, contains provisions contrary to the following Articles of the Convention:

1. Article 2, paragraph 1, of the Convention (in relation with Article 2, paragraph 2(d)). Section 2(1)(a) of the Workmen's Compensation Ordinance excludes from its scope manual workers whose earning exceed a certain limit, whereas the Convention does not authorised any exclusion of manual workers but only that of non-manual workers.

2. Article 5. In the event of death or permanent incapacity, section 8(a), (b) and (c) of the Workmen's Compensation Ordinance provides only for the payment of a lump sum, whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity or death shall be paid in the form of periodical payments provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilised.

In its last report the Government indicated that workmen continue to be protected in case of industrial injury through a sickness benefit scheme which is part of the local social security scheme. It adds that legislation is in progress to have employment injury and disablement benefits as a separate branch under the social security scheme. While noting this information the Committee feels bound to point out that under sections 12, 24 and 38 of the Social Security (Benefits) Regulations, 1981, as amended, sickness benefit, invalidity and survivors' benefit are conditional upon a minimum qualifying period of contribution which is not authorised by the Convention. In addition, under section 14 of said Social Security (Benefits) Regulations the duration of the sickness benefit is limited to 26 weeks, whereas under Article 6 of the Convention the benefit for temporary incapacity shall be granted without limitation of time as long as is made necessary by the state of the victim or until the latter is entitled to benefit for permanent incapacity.

The Committee hopes, therefore, that the Government will take the necessary measures to ensure full application of Articles 2 and 5 of the Convention, either by establishing an employment injury benefit scheme as a separate branch under the social security scheme and therefore by adopting regulations to this effect in conformity with the Convention or by amending section 2(1)(a) and section 8(a), (b) and (c) of the Workmen's Compensation Ordinance No. 21 of 1955, as amended, in the light of the above-mentioned comments.

Observation (CEACR) - adopted 1987, published 74th ILC session (1987)

The Committee notes the information provided in the Government's reports as well as the information given to the Conference Committee in 1986. According to this information the Minister is to appoint a day for the commencement of Employment Injury and Disablement Benefits under the Social Security Scheme which already provides funeral grants and death benefits to surviving dependants. The Committee hopes that this will be done soon and that effect will be given to the following provisions of the Convention:

1. Article 2, paragraph 1, of the Convention. The legislation excludes from it scope manual workers whose earnings exceed a certain limit (Workmen's Compensation Ordinance No. 21 of 1955, as amended, section 2 (1) (a)), whereas the Convention provides not for the exclusion of manual workers but only for that of non-manual workers (Article 2, paragraph 2(d)).

2. Article 5. In the event of death or permanent incapacity, the legislation provides only for the payment of a lump sum (Workmen's Compensation Ordinance, section 8(a), (b) and (c), whereas Article 5 of the Convention provides that compensation payable to the injured workman or his dependants in case of permanent incapacity or death, shall be paid in the form of periodical payments; provided that it may be wholly or partially paid in a lump sum if the competent authority is satisfied that it will be properly utilised.

The Committee requests the Government to provide information on any progress made in this respect.