Right to Damages for Death Resulting from Employer's Negligence
- Widow, legal heirs, or next of kin dependent on the deceased employee's wages have a right to claim damages against the employer if death results from negligence under the Act.
Assessment and Limits of Damages
- Damages for death are assessed based on the degree of employer's culpability.
- Maximum damages for personal injury without death claims are capped at ₱2,000.
- When death damages are awarded, total damages (injury and death combined) range from ₱500 to ₱2,500.
Reporting and Time Limits for Claims
- Injuries must be reported to the employer in writing within 90 days of occurrence.
- Actions for damages must be filed within one year from the date of the injury or death.
- If injured or incapacitated, reporting can be delayed until after recovery.
- In death cases without prior report, legal representatives may report within 30 days after death.
- Minor inaccuracies in reports are not grounds for dismissal unless intended to mislead employer.
Judicial Proceedings and Allowances During Litigation
- Damage claims have priority over other civil matters, except criminal and habeas corpus cases.
- Courts must decide cases within 15 days after final submission.
- Courts may allow food and medical expense allowances during litigation if requested, with the defendant being heard beforehand.
Liability Despite Contracting or Subcontracting Work
- Employer remains liable for injuries caused by defects in employer’s property or machinery even if work is done by independent contractors or subcontractors.
Mitigation of Damages Through Contributions to Insurance or Relief Societies
- Employers contributing to insurance or relief funds for indemnifying employees may reduce damages by the proportionate benefits already received by the employee from such funds.
Employee's Duty to Inform Employer of Known Defects
- Employees lose the right to damages if they knew of the defect or negligence causing the injury and failed to notify the employer's general superintendent within a reasonable time.
Exclusions from Coverage
- The Act does not apply to domestic servants or agricultural laborers.
Prohibition on Waivers by Employees
- Any agreement by the employee to waive rights under this Act prior to injury or death is null and void.
Effectivity
- The Act took effect immediately upon passage.