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

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

Article 7 of the Convention. Additional compensation for persons in need of constant help. In its previous comments, the Committee noted that, according to section 16 of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952, the disablement pension to which victims of employment injury are entitled can be increased for those who needed constant attendance, but only for persons with an assessed disability of 100 per cent. On this basis, the Committee requested the Government to provide information on any form of supplementary assistance available to those with a permanent disability of less than 100 per cent who require the constant help of another person. The Committee notes the reply provided by the Government in its report, according to which the above-mentioned provision of the national legislation does not contravene Article 7 of the Convention. The Committee recalls that Article 7 of the Convention requires that all injured persons whose incapacity is of such nature that they need the constant help of another person be provided with additional compensation, irrespective of their degree of disability, and not only those with an assessed degree of disability of 100 per cent. The Committee requests the Government to provide information on any measure ensuring that victims of employment injury with a disability of less than 100 per cent are provided with or compensated for the constant help of another person when they so require.

Article 9. Pharmaceutical aid. The Committee notes the information provided by the Government in reply to its previous request concerning the provision of pharmaceutical aid free of charge to victims of industrial accidents who are not hospitalized.

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 should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (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 Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

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

Article 7 of the Convention. Additional compensation. According to section 16 of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952, as amended, the disablement pension can be increased in cases in which a person with assessed disability of 100 per cent needs constant attendance. According to Schedule 1 to the same Act, only injuries described in items 1 to 6 are recognized to entail a disability of 100 per cent. The Committee understands that, pursuant to items 17 and 18 of that Schedule, for example, a person who has been amputated of both feet is only assessed with a disablement of 90 or 80 per cent. The Government states in its report that it considers the legislation to be in line with Article 7 of the Convention. The Committee recalls however that the Convention does not limit the constant attendance allowance to cases of 100 per cent disability but rather considers the need for such attendance, requiring the allowance to be granted as long as the need for help by a third person subsists. The Committee would therefore ask the Government to explain the kind of supplementary assistance that victims of employment injury with a permanent disability of less than 100 per cent can receive and for how long if their situation requires the constant help of another person. Please specify the applicable normative texts.

Article 9. Pharmaceutical aid. The Committee notes that, according to the Government’s report, the victims of industrial accidents who are not hospitalized are liable to pay the fees for the medicine prescribed by a medical doctor in accordance with the Medical (Group Practice Scheme) Regulations. The Committee points out that such regulation contradicts the Convention which requires that the cost of pharmaceutical aid recognized to be necessary in consequence of occupational accidents must be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions. The Committee asks the Government to amend the said regulations accordingly.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17, 24, 25 and 42, to which the United Kingdom is party and which are applicable to its non-metropolitan territories, are outdated and charging the Office with follow-up work aimed at encouraging States party to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and/or extend the Social Security (Minimum Standards) Convention, 1952 (No. 102), to these territories, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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

Article 7 of the Convention. Additional compensation. The Committee notes that in Gibraltar victims of industrial accidents are entitled to an injury benefit for maximum 182 days. Afterwards, they are entitled to a disablement benefit if the loss of physical or mental faculty is likely to be permanent or assessed to be not less than 35 per cent (sections 14 and 15 of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952, as amended). Additional compensation is paid only to beneficiaries of a disablement pension with an incapacity of 100 per cent, and for a limited period, which may be renewed from time to time, if they need constant attendance as result of the loss of faculty. Apparently, no additional compensation is paid for persons who receive an injury benefit or a disablement benefit for an incapacity of less than 100 per cent. The Committee would like to draw the attention of the Government to the fact that the purpose of Article 7 of the Convention is to provide additional compensation when the incapacity is of such a nature that the injured person must have the constant help of another person. Payment of additional compensation shall not be made conditional on the type of benefit or the degree of incapacity and shall be granted without time limit for as long as the injured person requires the constant help of another person. The Committee would therefore ask the Government to consider bringing the provisions on additional compensation of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952 into full conformity with Article 7 of the Convention.

Article 9. Pharmaceutical aid. The Committee notes that according to section 30 of the Social Security (Employment Injuries Insurance) Act No. 10 of 1952, victims of industrial accidents are entitled to free medical, surgical and pharmaceutical aid at a hospital in Gibraltar. They do not pay the fees under the Medical Group Practice Scheme for the treatments they receive free of charge under the provisions of section 30 of the Act (section 3 of the Medical (Group Practice Scheme) Regulations). The Committee would like the Government to indicate whether victims of industrial accidents who are not hospitalized are liable to pay the fees for the medicines prescribed by a medical doctor.