Question & AnswerQ&A (Republic Act No. 772)
Republic Act No. 772 further amends Act Numbered 3428, prescribing compensation for employees who suffer personal injuries, death, or illness arising from their employment and establishes the administration of these compensations through a Workmen's Compensation Commissioner.
An employee is entitled to compensation when he suffers personal injury from an accident arising out of and in the course of employment, contracts tuberculosis or another illness directly or aggravated by the employment.
No, the right to compensation is not defeated or impaired by the negligence of a fellow employee, although the employer retains the right to pursue action against the negligent party.
Yes, it applies to mounted messengers, laborers, and employees in public works and industrial concerns of the government and its political subdivisions. Government service insurance benefits do not preclude entitlement under this Act.
Compensation shall not be allowed if the injury was caused by the voluntary intent of the employee to harm himself or others, drunkenness of the employee at the time of the accident, or the employee's notorious negligence.
The employer shall pay an additional compensation equal to 50% of the compensation fixed in the Act for failure to comply with laws, orders, or safety regulations.
The rights and remedies under this Act exclude all other rights or claims against the employer arising from the same injury under the Civil Code or other laws.
The Commissioner and Deputy Commissioner are appointed by the President with the consent of the Commission on Appointments and receive salaries of 8,400 pesos and 7,200 pesos per annum respectively.
Compensation is distributed based on priority: dependent widow or widower, dependent children, dependent parents or grandparents, dependent grandchildren, siblings. Specific percentages of the average weekly wages are allotted as per the number and status of dependents.
The total compensation payable for disability or death shall not exceed the sum of 4,000 pesos.
Employers must provide necessary medical, surgical, and hospital services and supplies immediately after an injury and throughout the period of disability, limited to reasonable community costs.
The employer must pay 60% of the employee's average weekly wages during total disability, excluding the first three days, not exceeding 35 pesos nor less than 10 pesos per week, with specific conditions for wages below 10 pesos.
Lump sum payment requires the Commissioner’s approval and must be in a public document acknowledged before a justice of the peace and two witnesses, including certification that the employee was informed of all rights and privileges.
Fees for such representation shall not exceed 5% of the total compensation or 10% in appealed cases. Excessive charges can result in a fine of up to 200 pesos.
Employers must keep records of injuries, give written notice to the Commissioner as soon as possible after injury, and file a statement of payments within 60 days after disability ends, with penalties for non-compliance.
The Workmen's Compensation Commissioner has exclusive jurisdiction to hear and decide compensation claims, subject to appeal to the Supreme Court similar to appeals from the Court of Industrial Relations.
Hearings require reasonable notice, may be conducted personally or by counsel, include cross-examination, acceptance of various evidence types, and power to issue subpoenas, administer oaths, and keep records.
The Commissioner may fine the employer up to 100 pesos, which goes to the Workmen's Compensation Administration Fund, and may require deposits to secure payment.
An 'employee' or 'laborer' includes every person working under a service or apprenticeship contract, excluding purely casual employment unrelated to the employer's business.
Claims for compensation in enterprises with capital below 10,000 pesos and non-hazardous employment are governed by Act No. 1874, except that certain hazardous businesses are specifically excluded from this provision.