QuestionsQuestions (Republic Act No. 4119 / 61 OG No. 13, 1818)
Under Section 1, Republic Act No. 4119 applies to all employees in industrial, commercial, and agricultural establishments, as well as religious, charitable, and educational institutions.
Yes. Section 3 states the Act applies to all officials, employees, and laborers of the National Government and its political subdivisions and instrumentalities. Those insured with the Government Service Insurance System are entitled to benefits from both systems.
Per Section 4-A, the employer shall be liable to pay an additional compensation equal to fifty percent of the compensation fixed in the Act if the injury, sickness, or death was caused by the employer's failure to comply with laws, orders, rules, or safety requirements.
Section 8 specifies priority and percentages: dependent widow/widower with no children - 45%; with 1-2 children - 50%; with 3 or more children - 60%. Children alone get 40%, increasing by 10% for each child over two to a max of 50%. Dependent parents or grandparents get 40% (total dependency) or 25% (partial). Grand-children, siblings get 25% plus 5% for each additional dependent up to 40%. If no dependents, one thousand pesos goes to the Workmen's Compensation Fund.
Section 12 provides the maximum aggregate compensation shall not exceed six thousand pesos, with an average weekly wage not reckoned above fifty pesos nor below fourteen pesos for computations.
Section 13 mandates employers provide medical, surgical, dental, hospital, nursing attendance, appliances like crutches or artificial limbs, medicines, and necessary rehabilitation training during the disability period.
Section 14 states the employer shall pay sixty percent of the employee's average weekly wage, but not less than fourteen pesos per week, except in cases where the average is less than fourteen pesos; no compensation is paid for the first three calendar days unless the incapacity extends beyond that period.
Section 16 outlines that compensation equals fifty percent of the difference between the pre-accident average weekly wage and probable post-injury earnings for up to 208 weeks, with a maximum of eighteen pesos per week compensable, and total compensation not exceeding six thousand pesos.
Section 30(k) provides fines ranging from one thousand to five thousand pesos, or imprisonment from six months to one year, or both. If the employer is a corporation, officers shall be jointly and severally liable for penalties and compensation due.
Section 7 details that referees have original jurisdiction in regional cases, with decisions subject to appeal before the Commission, which may act en banc to review, modify, or affirm decisions and promulgate related rules and regulations.
Section 30 requires employers to either insure liability with an authorized insurance company or prove financial ability to self-insure, with conditions and regulations for cancellation, renewals, and reporting enforced by the Bureau of Workmen's Compensation.
Section 31 limits fees to five percent of compensation for original cases and ten percent for appealed cases, with penalties of fines up to two hundred pesos for violations.
Section 42 lists businesses like transportation, factories with machinery, exposure to dust or chemicals, manufacturing fireworks or munitions, certain sports, fishing, lumbering, and mining as hazardous or deleterious where the Act applies even if capital is below ten thousand pesos or employment below six employees.
Section 48 appoints bar members with at least five years experience as referees to have original jurisdiction over cases in regional offices, making decisions which become final after fifteen days unless appealed to the Commission.
Section 55 establishes the fund under the Department of Labor for administration expenses and rehabilitation of disabled workers. It collects fees from uninsured employers and insurance carriers, with a committee overseeing and advising on fund usage.