Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Argentina (Ratification: 1950)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workmen’s compensation for accidents), 42 (workmen’s compensation for occupational diseases, revised), and 102 (minimum standards) together.

The Committee notes the Government’s first report on Convention No. 102. The Committee notes the observations of the Confederation of Workers of Argentina (CTA Workers), and of the Confederation of Workers of Argentina (CTA Autonomous), received in 2017, on the application of Conventions Nos 17 and 42. The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) received on 31 August 2018, of the International Trade Union Confederation (ITUC), received on 1 September 2018, and of the Confederation of Workers of Argentina (CTA Workers), received on 11 September 2018, on the application of Convention No. 102.

Article 2 of Convention No. 17. Application to non-registered workers. In its previous comment, the Committee urged the Government to send its reply concerning: the manner in which the Convention is applied to workers who have not been registered by their employers; who ensures compensation to these workers and payment of medical costs in the event of occupational accidents; and what penalties are applied to employers who fail to meet the obligation to insure their workers against occupational accidents. The Committee notes with interest the indication provided by the Government in its report that, in conformity to Section 1 of Act No. 27348 of 2017, injured workers who have not been registered by their employers can initiate a procedure with the Medical Commissions for the determination of their grade of incapacity and the award of compensation and medical aid in line with Act No. 24557 of 13 September 1995 concerning occupational risks. Alternatively, they can go to court through an expedited judicial process. In case of lack of registration and insolvency of the employer, compensation is covered by a Guarantee Fund. Concerning the penalties applied to employers who fail to meet their obligation of insuring workers, the Committee notes the indication provided by the Government that, in the framework of the actions performed by the Integral Labour and Social Security Inspection System, the State together with the Provinces carry on actions and inspections aiming at detecting non-registered work and can apply sanctions and fines to employers.

Article 5 of Convention No. 17. Payment of compensation in a lump sum. In its previous comments, the Committee noted that section 2(4) of Act No. 26773 of 2012 provided that the general principle of compensation is to make a lump-sum payment, subject to any adjustments established, and requested the Government to indicate how it is ensured, in law and in practice, that the lump-sum payment is properly utilized. The Committee notes the Government’s reply in which it explains that, in addition to the lump sum provided, injured workers with a disability below 66 per cent will be provided with “professional requalification” assistance, which constitutes a benefit in kind, aiming at the reintegration of the worker in the labour market. Recalling that Article 5 of the Convention requires the compensation in case of permanent injury or death to take the form of a periodical payment, and provides that this payment can be converted into a lump sum if the competent authority is satisfied that it will be properly utilized, the Committee once again requests the Government to indicate how it is ensured, in law and in practice, that the lump-sum payment is properly utilized.

Article 9 of Convention No. 17. Free medical and surgical assistance. The Committee notes the information provided by the Government in reply to its previous request concerning the right to medical and surgical assistance free of charge.

Article 10 of Convention No. 17. Artificial limbs and surgical appliances. In its previous comments, the Committee several times requested the Government to provide information concerning a draft decision on chronic cases prepared by the Occupational Risks Supervisory Authority (SRT), requiring occupational risk insurers (ART) to conduct periodic checks on the state of artificial limbs and surgical appliances that have been supplied. The Committee notes that the Government indicates that the SRT has issued Resolution No. 180/2015 which establishes that in some chronic cases a check-up should be carried out by a medical professional specializing in Physical Medicine and Rehabilitation and by the assigned specialist professionals corresponding to the pathology, to evaluate the condition of the prosthetic, orthotic and/or technical assistance equipment delivered or the need to prescript a new one. The control should be on an annual basis. The Committee takes due note of this information.

Article 2 of Convention No. 42. Review of the national list of occupational diseases. In its previous comment, the Committee requested the Government to review the list of occupational diseases in accordance with the Convention’s aim of relieving workers in the trades and industries listed from the burden of proving that they actually have been exposed to the risk of the disease in question. It also requested the Government to change from restrictive to indicative the enumeration of the pathological symptoms resulting from exposure to the corresponding substances given in the left hand column of the list of occupational diseases in Decree No. 658/96. In addition, the Committee urged the Government to take concrete measures to include the addition of the loading, unloading or transport of merchandise in general to the activities likely to cause anthrax; decrease the requirement of exposure for primary epitheliomatous cancer of the skin to 5 years in accordance with the findings of the World Health Organization (WHO); and make an express reference to silicosis with or without pulmonary tuberculosis. The Committee notes the reply by the Government that Decree No. 658 of 1996 lists a wide range of diseases considered as occupational diseases, on which the Jurisdictional Medical Commissions have to certify a direct causal link with the work. In addition, section 2 of Decree No. 1278 of 2000 provides that the Central Medical Commission can acknowledge other diseases as having occupational origin, on a case-by-case basis, when the worker or his/her rightful beneficiaries present a petition aimed at demonstrating the direct causal link between the disease and the work performed. While noting the specific tasks of the Central Medical Commission, the Committee hopes that the Government will be able to indicate the measures taken to bring the national list of occupational diseases into full conformity with this Article of the Convention, concerning: (i) reconsidering the enumeration of the pathological symptoms related to the occupational disease; (ii) adding the loading, unloading or transport of merchandise in general to the activities likely to cause anthrax; (iii) the decrease of years of exposure required in cases of primary epitheliomatous cancer of the skin to 5 years, in accordance with the findings of the WHO; and (iv) the express reference to silicosis in the national list of occupational diseases.

Application in practice of Conventions Nos 17 and 42. Assessment of work related injury by Medical Commissions. The Committee notes that the CTA Workers in its observations alleges that Act. No. 27348 of 2017, which sets out the competence of the Medical Commissions created by section 51 of Act No. 24241 of 1993, is unconstitutional, and it refers to decisions of the National Supreme Court of Justice in this regard. More specifically, the CTA Workers indicate that these administrative organs take mandatory decisions on the occupational origin of accidents or of diseases, and on the degree of incapacity and amount of compensation to be paid to injured workers or their survivors, and that this mandatory preliminary procedure prevents access to justice. The CTA Autonomous, for its part, alleges that Medical Commissions have been attributed competences that go beyond their mandate, and indicates that when injured workers appeal the decision of the Medical Commission before the court the payment of compensation is suspended. As a result, according to the CTA Autonomous, injured workers often feel compelled to accept a lesser compensation than what they consider they should be entitled to. The Committee requests the Government to provide statistical information concerning the number of claims denied by the Medical Commissions, out of the total number of claims treated. The Committee also requests the Government to indicate how Medical Commissions operate in practice and how the State ensures that their decisions are taken in a manner that guarantees due compensation to victims of occupational accidents and diseases. Furthermore, the Committee requests the Government to provide information on the number of cases in which the decision of the medical commission was revised or overturned following an appeal before the court of the initial decision by injured workers.

Article 65(10), in conjunction with Article 71(3), of Convention No. 102. Adjustment of pensions in payment. The Committee notes the observations of the ITUC, the CGT RA and the CTA Workers on the modification of the indexation formula of long-term social security benefits and of child and family allowances introduced by Act No. 27426 of 2017. The CGT RA points out that, while the previous indexation formula was based for equal parts on the variation in the contributions paid to the National Social Security Administration (ANSES) and on the changes in the level of wages (the greater between the average taxable remuneration index of workers in stable employment, RIPTE and general level of the National Consumer Price Index prepared by the National Institute of Statistics and Censuses), the new formula is based on the inflation, which is weighted in at 70 per cent, and the RIPTE, weighted in at 30 per cent. The CTA Workers alleges that, because of this change in the pension formula, the total expenditure for pensions has had in 2018 an estimated decrease between 6.5 billion and 7.5 billion Argentine pesos (ARS) with respect to the total expenditure calculated through the previous formula. The Committee recalls that, according to Article 65(10) of the Convention, the rates of periodical payments in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, must be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In this connection, the Committee recalls that, in its 2011 General Survey, Social security and the rule of law, paragraphs 477–485, it considered that, whichever method is used for adjustments in the level of benefits, the purchasing power of pensions should be maintained, and that this can be done both by adjusting pensions to substantial changes in the cost of living, and raising the standard of living of pensioners by adjusting pensions to substantial changes in the general level of earnings. The Committee also draws attention to Article 71(3) of the Convention, which establishes the State’s responsibility to ensure that the necessary actuarial studies and calculations concerning the financial equilibrium of social security funds are made periodically and, in any event, prior to any change in benefits. In light of the above, the Committee requests the Government to explain how the new pension indexation method will ensure that the purchasing power of pensions in payment is maintained despite changes in the formula, and to provide information on variations in the level of wages and in the consumer price index over the next reporting period. The Committee also requests the Government to provide any available information – actuarial studies or other – on the projected impact of such changes in the indexation formula on the financial sustainability of pension funds.

Article 71 of Convention No. 102. Collective financing and general responsibility of the State for the due provision of benefits. The Committee notes the indication provided by the Government that Act No. 27430 of 2017 introduced a deduction for employers from the average employees’ salaries on which monthly contributions are paid. The Committee observes that according to Resolution No. 3 of 2018 of the Social Security Secretariat, read in conjunction with Article 173(c) of Act No. 27430 of 2017, the amount of this deduction corresponds in 2019 to about ARS7,000, and will be increasing until 2022. The Committee notes the allegations made by the CTA Workers, according to which this will result in less resources for the ANSES and particularly for pensions, taking into account the current situation where the sustainability of the pension system is threatened by the high external debt of the country. The Committee recalls that Article 71(2) of the Convention provides that the total of the insurance contributions borne by the employees protected shall not exceed 50 per cent of the total of the financial resources allocated to the protection of employees and their spouses and children, and observes that the above-mentioned deductions in the amount of contributions paid by employers entail a proportional increase of the employees’ share of contributions. The Committee further recalls that, as set out in Article 71(3), the member State must take all measures required to ensure the due provision of the benefits provided in compliance with the Convention, and must ensure that the necessary actuarial studies and calculations concerning financial equilibrium are made prior to any change in benefits, the rate of insurance contributions, or the taxes allocated to covering the contingencies in question. Considering current changes in the legislation concerning employers’ contributions, the Committee requests the Government to provide statistical information on the total of insurance contributions borne by the employees protected for each of the accepted Parts of the Convention, calculated as percentage of the total resources allocated to the protection of employees, their spouses and their children. The Committee further requests the Government to indicate whether the impact of the employers’ contributions deduction has been assessed prior to its implementation to ensure that the sustainability of social insurance funds is maintained despite the decrease in funding resulting from such measure, and to provide any actuarial study carried out in this respect.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group, the Governing Body has decided that member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) or accept the obligations in Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 (Part VI) 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 Convention No. 121 or accepting the obligations in Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Extension of the list of occupational diseases. The Committee notes the adoption of Decree No. 49/2014 concerning occupational diseases, which incorporates additions to the list of occupational diseases provided for in section 6 of Act No. 24557 of 13 September 1995, concerning occupational risks. The Committee observes that the Confederation of Workers of Argentina (CTA Workers) points out that a large number of pathological conditions which are work related and recognized as such in Argentine labour legislation are still not on the list, as a result of which the obligation lies with the workers to prove the occupational origin of their disease. While welcoming the adoption of Decree No. 49/2014, the Committee requests the Government to send its comments on the observations made by the CTA Workers.

Article 9. Free medical and surgical assistance. The Committee again requests the Government to indicate whether surgical assistance is provided free of charge and, if so, under which provision of the legislation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the comments from the Confederation of Workers of Argentina (CTA Workers) and the Confederation of Workers of Argentina (CTA Autonomous), dated 5 and 31 August 2014 and received on 26 and 17 September 2014, respectively.

Article 2 (in conjunction with Article 6) of the Convention. Application to non-registered workers. In its previous comments, the Committee asked the Government to explain in detail: the manner in which the Convention is applied to workers who have not been registered by their employers; who ensures compensation to these workers or payment of medical costs in the event of occupational accidents; and what penalties are applied to employers who fail to meet the obligation to insure their workers against occupational accidents.

The Committee notes the statement by the CTA Autonomous that Act No. 24557 of 13 September 1995 concerning occupational risks deems that protection only applies to workers who are on the lists of the insurance companies under contract to their enterprises or who enjoy such protection as part of their own personal insurance, and that the aforementioned Act does not enable non-registered workers to enjoy the guarantees clearly established in Article 6 of the Convention. The CTA Autonomous adds that non-registered workers who wish to obtain coverage for work-related contingencies must apply to the courts, requesting the benefits provided for by the Act and/or those of the civil system, since they do not contribute to the social security system according to the terms of the second subparagraph of section 23 of Act No. 24557. In addition, the CTA Autonomous indicates that workers retain the right to take legal action against their employer but in the meantime have to cover the cost of any work-related illnesses themselves, with assistance from the public health providers. Hence non-registered workers are obliged to have recourse to the justice system to obtain statutory benefits. According to the CTA Autonomous, neither Act No. 26773 of 2012 concerning the compensation scheme for industrial accidents and occupational diseases nor Regulatory Decree No. 472/14 have produced any changes in the situation of non-registered workers. The Committee requests the Government to send its comments on the observations made by the CTA Autonomous. The Committee also urges the Government to send its observations on the points raised in its previous comments.

Article 5. Payment of compensation in a lump sum. In its previous comment, recalling that Article 5 of the Convention provides that compensation may be paid wholly or partially in a lump sum if the competent authority is satisfied that it will be properly utilized, the Committee asked the Government to indicate how it ensures that this provision of the Convention is applied in these circumstances. The Government indicates that a life annuity exists for workers who suffer permanent incapacity greater than 66 per cent and that section 17 of Act No. 26773 of 2012, which repeals section 19 of Act No. 24557 of 1995, stipulates that periodic payments of compensation in cash, as provided for in the legislation, are to be converted into lump-sum payments of compensation in cash, with the exception of those already being implemented. The CTA Workers, for its part, indicates that such a provision conflicts with Article 5 of the Convention. Noting that section 2(4) of Act No. 26773 provides that the general principle of compensation is to make a lump-sum payment, subject to any adjustments established, the Committee therefore requests the Government to indicate how it is ensured, in law and in practice, that the lump-sum payment is properly utilized.

Article 10. Artificial limbs and surgical appliances. In its previous comments, the Committee noted the Government’s reference to a draft decision on chronic cases prepared by the Occupational Risks Supervisory Authority, requiring occupational risk insurers (ART) to conduct periodic checks on the state of artificial limbs and surgical appliances that have been supplied. The Committee asked the Government to report on progress made in the adoption of this decision. The Committee again requests the Government to provide the requested information.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s report, which contains information on amendments made to the Occupational Hazards Act (LRT) of 1995. It also notes the observations made in this connection by the Confederation of Workers of Argentina (CTA) received on 30 August 2013 and those by the General Confederation of Labour of the Argentine Republic (CGT-RA), received on 3 September 2013. The Government confirms that the Standing Advisory Committee has convened and indicates that a draft Decree is being prepared to implement provisions adopted, including those on the extension of the list of occupational diseases. The Committee can only encourage tripartite dialogue and asks the Government to keep the Office informed of progress made by the Standing Advisory Committee.

Article 2 of the Convention. Application to non-registered workers. The Committee notes that the trade union federations report that the amendments to the LRT have not solved the problem of non-registered workers and that the latter still have no automatic access to medical care because they are not on the lists of the insurance companies under contract to their enterprises. Noting that the Government has not provided the information requested on this matter, the Committee again asks it to explain in detail: the manner in which the Convention is applied to workers who have not been registered by their employers; who ensures payment to these workers or compensation and medical costs in the event of occupational accidents and what penalties are applied to employers who fail to meet the obligation to insure their workers against occupational accidents.

Article 5. Payment of compensation in a lump sum. The Committee notes that, following the ruling that periodical payments of compensation in case of death due to employment injury are unconstitutional because they do not provide fair compensation, the periodical payments system has been modified and the LRT now provides that periodical payments of compensation in cash are to be converted into lump sum payments of compensation in cash, except for those in the process of implementation. The Committee again points out in this connection that the compensation of victims of occupational injuries who suffer permanent disability or of their dependents in case of death should be done with the objective of ensuring their protection throughout the contingency. Normally, this is better achieved through periodical payments which are regularly adjusted to accommodate substantial changes in the cost of living and inflation so as to maintain the value of the benefits throughout the payment period. The Committee notes that section 8 of Act No. 26773 does provide for a twice yearly review of the amounts payable for permanent work-incurred disability, based on movements in the average taxable remuneration index of workers in stable employment (index RIPTE). Pointing out that Article 5 of the Convention provides that the compensation may be paid wholly or partially in a lump sum only if the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to indicate how it ensures that this provision of the Convention is applied in these circumstances.

Article 9. Medical and surgical assistance. The Committee requests the Government to indicate whether surgical assistance is provided free of charge, and if so, under which provision of the legislation.

Article 10. Artificial limbs and surgical appliances. In its 2012 report, the Government referred to a draft resolution on chronic cases prepared by the Supervisory Authority of Occupational Hazards, requiring occupational risk insurers (ART) to conduct periodical checks on the state of the artificial limbs and surgical appliances that have been supplied. The Committee requests the Government to report on progress in the adoption of this resolution.

[The Government is to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observations, the Committee notes the Government’s report, which contains a reply to the Committee’s direct request of 2007 as well as the observations on the Government’s report submitted by the Argentinian Workers Union (CTA) received on 31 August and 7 September 2012 and by the General Labour Union of the Republic of Argentina (CGT RA) received on 21 September 2012.

Article 5. Payment of compensation in lump sum. In its comments of 7 September 2012, the CTA stated that the Supreme Court has determined that periodical payments of compensation in case of death due to employment injury (section 14(2)(b) of Act No. 24.557 on occupational risks of 1995) are unconstitutional for not providing fair compensation: periodical payments lead to the fractioning of the capital and lose their real economic value as a result. In its comments submitted on 21 September 2012, the CGT RA also requested that workers have the option of lump-sum payments in cases of total and permanent invalidity. The Committee recalls that the compensation of victims of work injuries who suffer permanent disability or of their dependants in case of death should be done with the objective of ensuring their protection throughout the contingency. Normally, this is better achieved through periodical payments which are regularly adjusted according to substantial changes in the cost of living and inflation so as to maintain the value of the benefits throughout the payment period. Concurrently, where compensation to injured workers is paid instead in the form of a lump sum, a competent authority should ensure that the compensation would be properly utilized and would serve the purpose of protecting the workers from losing their means of subsistence. The Committee therefore requests the Government to provide detailed information and data concerning the mechanism and the rates of adjustment of periodical payments according to changes in the general level of earnings and the cost of living. Furthermore, the Committee once again invites the Government to indicate whether national competent authorities make sure that the funds, in the case of lump-sum payments, are not utilized in a way that is detrimental to the interests of protected persons. Finally, the Committee would like the Government to explain the impact of the decisions of the Supreme Court referred to by the CTA in law and practice.

Article 10. Provision of artificial limbs and surgical appliances. The CTA regrets the lack of legislative provisions concerning the renewal of orthopaedic and prosthetic appliances. In this respect the Government refers to the draft resolution of the Superintendencia de Riesgos del Trabajo (Superintendent of Occupational risks) on chronic cases, which establishes the duty of the authority responsible for occupational risks (ART) to undertake periodical revisions of the state of provided orthopaedic and prosthetic appliances. The Committee would like the Government to supply a copy of this resolution when adopted.

Article 9. Medical benefits. Surgical care. The report states that section 23 of Act No. 24.557 on work injuries guarantees all medical benefits, including surgical care, free of charge. As this section does not specifically mention surgical care, the Government is asked to indicate under which legislative provision surgical care is included within the medical care provided free of charge to the victims of work injuries.

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report, which contains a reply to the Committee’s direct request of 2007, as well as the observations on the Government’s report submitted by the Confederation of Workers of Argentina (CTA) received on 31 August 2012 and 7 September 2012 and by the General Confederation of Labour (CGT) received on 21 September 2012.

Legislative amendments. The Committee notes that both the CTA and the CGT call for a comprehensive and substantial reform of Act No. 24.557 on occupational risks (LRT) of 1995. The CGT underlines the LRT’s lack of adherence to the national Constitution and the inequality of its reparatory system. The union calls for a more comprehensive law, which would include all occupational diseases and accidents and puts forward a list of solutions that should be addressed, namely: assistance of workers by legal counsel or by a member of the worker’s union before system-specific commissions; unification of criteria used by the medical commissions; amending the criminal code by establishing system-specific penalties; offering the option of lump-sum payments in case of total permanent invalidity; joint liability of the private entities responsible for repairing occupational risks (ART) where employers omitted to communicate to the authorities, knowingly or unknowingly, breaches of hygiene and safety rules which resulted in injuries and prejudice to the workers; mandatory coverage by ART of all work-related contingencies until the medical commission can mediate and there is full compensation of the damage. The CTA deems that ARTs pursue profit-oriented objectives and are therefore interested in reducing the reparations awarded to victims of occupational injuries. The CTA also underlines that the list of occupational diseases included in the LRT is closed and exhaustive, leading to the exclusion of a number of occupational diseases, recognized as such by national courts, and that the problem is aggravated by the absence of a judicial mechanism to review the decisions taken by the Central Medical Commission regarding the application for benefits in cases of occupational accidents and diseases. Given that a worker’s only capital is their labour force, the CTA asserts the need to fully compensate a worker’s physical and mental injury and considers that future legislation should be based on the concept of the full reparation of work injuries, referring in this respect to the guidelines set by the Supreme Court.

With regard to the trade unions’ call for reforming the workmen’s compensation legislation in Argentina, the Committee understands that in October 2012, Act No. 26773 on compensation for damages as a result of employment injury was adopted and that it revises certain aspects of Act No. 24.557. The Committee requests the Government to reply to the comments of the CTA and the CGT and to indicate how current legislation as a whole gives effect to the obligations contained in the various provisions in the Convention.

Article 2 of the Convention. Scope of application. In the comments of 31 August 2012, the CTA denounced the lack of automatic access to medical aid by non-registered workers due to the fact that insurance companies receiving their claims do not have them listed as workers with the employers with whom these insurance companies have agreements. In consequence, non-registered workers have to remedy work-related illnesses and accidents at their own expense. Recalling that the Convention covers all workers, employees and apprentices, the Committee asks the Government to explain in detail how the Convention is applied to workers who are not registered by employers; who guarantees these workers compensation and payment of medical expenses in case of occupational accidents; and what penalties are imposed on the employers who fail to comply with the obligation to insure their workers against occupational accidents.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in response to its previous comments and wishes to draw its attention to the following points.

Article 5 of the Convention. Compensation in the form of periodical payments in the case of permanent partial incapacity. The Committee notes that, according to section 14 of Act No. 24.557 on occupational risks, as modified by Decree No. 1278 of 2000, the payments of compensation in the form of periodical payments to victims of industrial accidents have been repealed for persons whose incapacity is equal to or lower than 50 per cent. Henceforth, this category is only entitled to a one-off payment in capital representing 53 times the base salary. The Committee wishes to point out in this respect that, by virtue of Article 5 of the Convention, the compensation payable to the victims of industrial accidents, or their dependants, where permanent incapacity or death results from the injury, needs to be paid in the form of periodical payments. Exceptionally, this compensation may be, wholly or partially, paid in a lump sum, only if the competent authority is satisfied that it will be properly utilized. In this respect, the Committee has always considered that payment of the entire compensation in the form of a lump sum could only be made where the rate of incapacity does not exceed 25 per cent. It consequently requests the Government to re-examine the matter with a view to reinstating the right of victims of industrial accidents with 50 per cent or less of permanent incapacity to receive compensation in the form of periodical payments. In the meantime, it invites the Government to supply with its next report complementary information enabling it to appreciate the manner in which the competent authorities make sure of the proper utilization of the funds paid to such victims of occupational accidents.

Article 9 of the Convention. Medical benefits. Surgical care. With reference to its previous comments, the Committee notes that the Government’s report does not supply sufficient information establishing that surgical care is provided free of charge to victims of occupational accidents. It therefore hopes that, in its next report, the Government will supply all the necessary complements of information in this regard and will clarify whether free surgical care forms part of medical care guaranteed by section 20 of Act No. 24.557 above to workers who suffer employment injury.

Article 10. Provision of artificial limbs and surgical appliances, as well as rehabilitation measures. By virtue of section 20 of Act No. 24.557, victims of employment injury shall benefit from the provision of artificial limbs and surgical appliances, as well as rehabilitation measures. The Committee had previously invited the Government to indicate whether, and by virtue of which provisions, injured workers benefit from the renewal of artificial limbs and surgical appliances. In its last report, the Government confines itself to indicating that the authority responsible for occupational risks (ART) establishes the conditions in this regard and that any beneficiary may lodge an appeal against the decisions made by this administration. The Committee is therefore bound to once again request the Government to supply with its next report the normative texts regulating the provision of artificial limbs and surgical appliances and to indicate the manner in which they are implemented by the ART.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its last report. In particular, it notes with interest that, following the adoption of Act No. 24.557 of 3 October 1995 respecting occupational risks and its implementing regulations, Act No. 24.028 of 5 December 1991 and its implementing Decree No. 1792 of 28 September 1992, which had been the subject of the Committee’s previous comments, have been repealed. The Committee would nevertheless be grateful if the Government would provide additional information on the following points.

Article 9 of the Convention.  The Committee notes that, by virtue of section 20 of Act No. 24.557 above, insurance companies for occupational risks (Aseguradoras de Riesgos del Trabajo (ART)) shall provide medical and pharmaceutical aid to workers who suffer employment injury. It requests the Government to indicate whether the medical aid guaranteed by the legislation also includes surgical aid, in accordance with this provision of the Convention.

Article 10.  The Committee notes that section 20 of Act No. 24.557 also provides that victims of employment injury shall benefit from the provision of artificial limbs and surgical appliances, as well as rehabilitation measures. It would be grateful if the Government would indicate whether, and by virtue of which provisions, injured workers benefit from the renewal of artificial limbs and surgical appliances. Please provide a copy of the relevant legislation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the adoption of Act No. 24.028 of 5 December 1991 and its implementing Decree, No. 1.792 of 28 September 1992 concerning compensation for occupational accidents and diseases. It would be grateful if the Government would provide additional information on the application of the Convention in respect of the following points:

Article 1 of the Convention. Section 2(3) of Act No. 24.028 of 1991 and section 2(3) of its implementing regulations provide that: "in the event of concurrence of the causal factors attributable to workers and the causal factors attributable to work", only the damage, as determined by the administrative or judicial authority as appropriate, caused by the latter factors shall be compensated.

The Committee would be grateful if the Government would provide information on the scope of this provision, deriving from administrative or judicial decisions.

Article 2. Please indicate whether apprentices are covered by Act No. 24.028 of 1991 pursuant to section 1(2).

Article 5. The Committee notes that under section 8 of Act No. 24.028 of 1991, the compensation for permanent, total or partial incapacity due to an occupational accident is paid to the injured person or his dependants in the form of a lump sum which, under section 11, must be deposited by the employer or the insurer with a court or with the administrative labour authority, which will make out a cheque in the name of the injured person. In the event of death the amount in question may be paid directly to the injured person's dependants under supervision of the administrative labour authority.

The Committee would be grateful if the Government would indicate how effect is given to this provision of the Convention under which compensation in the event of death or permanent incapacity shall be paid in the form of periodical payments, although payment in a lump sum is authorized if the competent authority is satisfied that it will be properly used.

Article 8. The Committee asks the Government to indicate whether, and by what methods, the review of compensation is prescribed in the event of increased incapacity, in accordance with this provision of the Convention.

Article 9. (a) The Committee notes that under section 10 of Act No. 24.028 of 1991 in the event of temporary incapacity for work, the injured person is entitled to receive, free of charge, the medical and pharmaceutical assistance required by his state of health. Furthermore, section 8 of the above Act establishes that temporary incapacity is presumed to be permanent, for the purposes of the Act, after one year.

The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that after the above-mentioned year has expired, the injured persons receive medical, surgical and pharmaceutical assistance, should such assistance still be necessary.

(b) Please state whether the medical assistance provided for in section 10 of Act No. 24.028 of 1991 also includes surgical assistance, in accordance with the Convention.