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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Bahamas (Ratification: 1976)

In reply to the issues raised in the direct request of 2008, the Government indicates in its report of 2012 that in 2009 it requested the National Insurance Board to provide the specific information needed and undertakes to forward it as soon as it is received. The Committee notes that, having waited in vain for the answer from the National Insurance Board for the last four years, the Government maintains the hope of receiving this information sometime in the foreseeable future and forwarding it to the Office. The Committee would nevertheless like the Government to take concrete, active and rapid measures with a view to bringing the national law and practice into conformity with the Convention on the following points.

Article 5 of the Convention. Proper utilization of the compensation paid in the form of a lump sum. The Committee points out that national law and practice contain no such guarantees, contrary to the Convention.

Article 7. Additional compensation to injured workers requiring the constant help of another person. The Committee notes the new section 55A of the National Insurance (Benefit and Assistance) Regulations which provides for an additional amount equal to 20 per cent of the disability benefit to be paid to persons with disability assessed at 100 per cent and requiring constant care and attendance. The Committee requests the Government to indicate whether this additional amount will be paid also to persons requiring constant help with a degree of disability assessed at 80 per cent (amputation through both feet proximal to the metatarsophalangeal joint, amputation at or above knee but below hip) or 90 per cent (amputation of both feet resulting in end-bearing stumps, amputation at hip), as specified in the fourth schedule of the abovementioned Regulations. Please also indicate whether such an additional amount will be provided to persons requiring constant help and receiving injury benefit paid for temporary incapacity under section 47 of these Regulations.

Article 9. Medical, surgical and pharmaceutical aid. Section 71(2) of the National Insurance (Benefit and Assistance) Regulations, as amended in 1998 and 2003, limits the provision of medical care (including pharmaceutical, surgical and hospital care) to victims of industrial accidents to 40 weeks, unless the degree of disability is 25 per cent or more, in which case the medical care continues for two years from the date of injury. According to section 71(3) of these Regulations, the medical care may continue beyond two years in any individual case, if the director (appointed by the National Insurance Board) considers it necessary. Taking into account that, in accordance with Article 9 of the Convention, free medical, surgical and pharmaceutical aid shall be provided throughout the contingency, the Committee requests the Government to indicate how the provision of such aid is ensured to workers whose state of health requires aid beyond the time limits specified in the abovementioned Regulations.