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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Mexico (Ratification: 1934)

The Committee notes the information and the detailed statistics on occupational injuries supplied by the Government in its report.

Article 5 of the Convention. With reference to its previous comments, the Committee notes that the number of workers protected by the social security scheme for state workers has passed from 1,805,651 in 1991 to 1,944,154 in 1992. It however notes that the Government's report does not contain any new information concerning the progressive extension of the compulsory social security scheme for industrial accidents to the geographical areas not yet incorporated in it. The Committee recalls that workers from such areas continue to be subject to the provisions of the Federal Labour Law (sections 492, 495 and 502) which provide exclusively for the payment of compensation for permanent incapacity or death resulting from occupational injury in the form of a lump sum, whereas this Article of the Convention lays down the principle of compensation in the form of periodic payments throughout the contingency and only authorizes payment in a lump sum if the competent authority is satisfied that it will be properly utilized. The Committee therefore hopes that the Government's next report will indicate measures taken in practice to extend progressively the social security scheme for industrial accidents throughout the country so as to protect all the employees covered by the Convention. Please also specify the geographic areas which are not yet covered by the compulsory social security scheme.

Article 7. In reply to the Committee's previous comments, the Government states that for the moment it does not consider it possible to include a formal provision, as suggested by the Committee, into the Social Insurance Act to explicitly provide for additional compensation in cases where an injured worker must have the constant help of another person. The Government states that such a provision would increase the financial difficulties of the social security system and would require making technical modifications throughout the text of the Act. While taking due note of the difficulties involved, the Committee once again expresses the hope that in a future revision of the legislation, the Government will not fail to include an express provision corresponding to that of the Convention.