Question & AnswerQ&A (Act No. 3428)
The main purpose of Act No. 3428 is to prescribe the compensation to be received by employees for personal injuries, death, or illness contracted in the performance of their duties.
This Act applies to all industrial employees specified, including employees and laborers of the Insular Government, provincial, municipal, and other political subdivisions employed in industrial concerns and public works.
Compensation is due when an employee receives a personal injury from an accident related to the employment or contracts illness directly caused by or resulting from the nature of the employment.
Compensation is not allowed for injuries caused by the employee's voluntary intent to injure self or others, drunkenness of the employee at the time, or notorious negligence by the employee.
Acceptance of compensation under this Act excludes all other rights and remedies against the employer under the Civil Code or other laws related to the injury.
An employee may opt either to claim compensation from the employer under this Act or sue the third party for damages. If compensation is claimed and paid, the employer may recover from the third party the amount paid.
If an injury causes death within six months, the employer pays compensation to entitled dependents based on percentages of the employee's average weekly wages, funeral expenses up to 100 pesos, and weekly compensation to surviving dependents according to a priority schedule.
Dependents include unmarried children under 18 or incapable of supporting themselves, a widow or widower if dependent, parents or grandparents if dependent, and dependent grandchildren, brothers, or sisters under 18 or incapable of supporting themselves. Dependency must exist at the injury time.
Employers must provide necessary medical, surgical, and hospital services during disability. Liability is limited to community customary charges. If services are not promptly furnished, employees may acquire them at the employer's expense.
For total disability (excluding the first seven days), the employer pays 60% of the average weekly wages, but not more than 18 pesos or less than 4 pesos weekly, for up to 208 weeks, and the total sum shall not exceed 3,000 pesos.
Total and permanent disability results from specified injuries such as loss of sight of both eyes, loss of both feet or hands, loss of one hand and one foot, spinal injury causing paralysis, or brain injury resulting in incurable insanity or imbecility.
Partial disability compensation is 50% of the difference between average weekly wages before and probable wages after injury, payable weekly for up to 208 weeks but not exceeding 10 pesos per week.
Notice of injury must be given to the employer as soon as possible, and claim for compensation made within two months after injury or three months after death. Notice must be in writing, stating details of injury, and signed by the employee or representative.
Employers who refuse or neglect to give written notice of injuries to the Bureau of Labor shall be fined not more than 25 pesos per offense.
No, claims for compensation under this Act are not transferable and all compensations or rights thereto are exempt from creditors' claims.