No. 42 - Workmen's Compensation (Occupational Diseases) (Revised), 1934

Provisions

• Compensation is to be paid to workers incapacitated by occupational diseases, or, in cases of death, to their dependants.
• The rate of compensation must be not less than what is paid to workers injured in industrial accidents.
• Attached to the Convention is a schedule of diseases and poisonings, and of trades and processes where those diseases and poisonings can occur. If a disease or poisoning affects a worker engaged in the trade or process listed opposite it in the schedule, the ratifying country is required to consider it an occupational disease.

Administered by

Accident Compensation Corporation

• The Injury Prevention, Rehabilitation, and Compensation Act 2001

Department of Labour

How New Zealand implements it

• The Injury Prevention, Rehabilitation, and Compensation Act incorporates the schedule of diseases and poisonings of this Convention, and specifically requires claims for cover for diseases and poisonings included in the schedule to be automatically accepted in the relevant circumstances.
• The Injury Prevention, Rehabilitation, and Compensation Act also provides cover for any gradual process, disease or infection arising out of and in the course of employment.

This Convention is not applicable to Tokelau.

Ratified - 29 March 1938

Total ratifications - 41

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