Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Sainte-Lucie (Ratification: 1980)

With reference to its previous comments, the Committee notes the Government’s indication that there has been no change to the legislation during the period covered by the report. It is therefore bound to reiterate its previous observation, which read as follows:

The Committee notes the adoption of the National Insurance Corporation Act No. 18 of 2000, which repeals the National Insurance Act of 1978. It notes that the regulations applying the latter Act remain in force (National Insurance Regulation No. 37 of 1984). However, the Government indicates in this respect in its report that the Corporation is in the process of drafting new regulations. The Committee hopes that the Government will not fail to take advantage of this occasion to adopt the necessary measures to bring the national legislation into conformity with the following provisions of the Convention.

Article 7 of the Convention. Provision of additional compensation to injured workers requiring the constant help of another person. The Committee notes that, contrary to this provision of the Convention, neither the national Insurance Corporation Act of 2000 nor the 1984 Regulation referred to above contain provisions guaranteeing additional compensation for injured workers whose incapacities are of such a nature that they must have the constant help of another person.

Articles 9 and 10. Medical, surgical and pharmaceutical aid. Application of a ceiling to the expenses covered. In reply to the Committee’s previous comments, the Government confirms that medical benefits, which include medical, surgical and pharmaceutical aid, as well as the provision of artificial limbs, remain subject to a maximum amount. It adds that the legislation does not provide for additional funding to renew or purchase artificial limbs. The Committee hopes that the Government will be able to re-examine this matter and requests it to indicate the measures adopted with a view to the provision to injured workers, in accordance with Articles 9 and 10 of the Convention, of medical, surgical and pharmaceutical aid, including the supply and renewal of artificial limbs and surgical appliances as are recognized to be necessary, without the application of any ceiling to the amount of this aid.

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