Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Antigua-et-Barbuda (Ratification: 1983)

With reference to its previous comments, the Committee notes that the Government intends to review the entire Workmen’s Compensation Ordinance No. 24 of 1956 which is the central piece of legislation giving effect to the Convention, and that first contacts have been established with the Office in order to receive technical assistance in this respect. Recalling that the Government has been expressing its will to reform this Ordinance since 1986, the Committee hopes that, in collaboration with the ILO, the Government will be able to develop a comprehensive and coherent system of accident compensation that will give full application to the following provisions of the Convention:

• -Article 5 of the Convention (Compensation in the form of a lump sum). Section 8 of the Ordinance should be amended so as to ensure that the compensation due in the event of accidents causing permanent incapacity shall be paid in the form of periodical payments, or exceptionally in a lump sum only if the competent authority is satisfied that it will be properly utilized.
• -Article 7 (Additional compensation for assistance by a third person). Section 9 of the above Ordinance should be amended so as to grant additional compensation for victims of injuries who need the assistance of a third person in cases of permanent incapacity.
• -Article 9 (Medical and pharmaceutical treatment). Section 6(3) of the Ordinance should be amended so as not to prescribe any limit to the expenses and costs of medical treatment undergone by a worker as a result of an occupational accident for which the employer is responsible and include an express provision for coverage of related surgical and pharmaceutical costs.
• -Article 10 (Provision of surgical appliances and artificial limbs in general). Section 10 of the Ordinance should be amended to provide for surgical appliances and artificial limbs in all cases in which they are necessary, and not only with a view to improving the earning capacity of the person concerned.