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

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

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.