Title
Employees' Compensation for Work Injuries
Law
Act No. 3428
Decision Date
Dec 10, 1927
The Workmen's Compensation Act provides compensation for industrial employees in the Philippines who suffer work-related injuries or illnesses, with employers being responsible for payment and certain exceptions for injuries caused by employee intent or negligence.

Grounds for Compensation

  • Compensation due for personal injury or illness contracted during employment.
  • Employer liable to pay compensation to injured employee or dependents.

Exclusions from Compensation

  • Injuries caused by employee's voluntary intent to self-harm or harm others.
  • Incidents resulting from employee's drunkenness.
  • Injuries due to employee's gross negligence.

Exclusivity of Compensation Rights

  • Compensation under this Act excludes other legal remedies against employer for same injury.
  • Special provisions for employees contracted outside the Philippines.

Liability of Third Parties

  • Injured employee may claim compensation from employer or sue third party.
  • Employer who pays compensation can recover from third party.
  • Compensation amount not admissible as evidence in damage suits.

Contracts Exempting Employer Liability

  • Contracts exempting employer from liability under this Act are void.

Death Benefits and Prioritization of Dependents

  • Compensation is payable upon death within six months of injury.
  • Burial expenses up to 100 pesos if no dependents.
  • Compensation shares defined among widow/widower, children, parents, grandparents, grandchildren, siblings.
  • Bureau of Labor or courts resolve disputes among claimants.
  • Special provisions for minors without guardians.

Definition of Dependents

  • Dependents include minor/unmarried children, dependent widow/widower, dependent parents or grandparents, and dependent grandchildren or siblings under 18 or incapable of self-support.
  • Foreign dependents must be Philippine residents; loss of benefits upon leaving Philippines.

Duration of Compensation Payments

  • Widow receives compensation until death, remarriage, or maximum 208 weeks.
  • Widower compensated during incapacity, max 208 weeks.
  • Children compensated until age 18 or incapacity, max 208 weeks.
  • Parents, grandparents, siblings compensated during dependency but not beyond 208 weeks.

Interpretation of Family Terms

  • "Children" includes stepchildren, adopted, illegitimate acknowledged before injury; excludes married unless dependent.
  • "Brother"/"Sister" includes half and step siblings; excludes married unless dependent.
  • "Grandchildren" includes children of adopted or stepchildren; excludes married unless dependent.
  • "Parents" includes stepparents and adoptive parents.

Computation and Limits on Compensation Amounts

  • Weekly wages capped between 4 and 30 pesos for death benefits.
  • Total compensation not to exceed 3,000 pesos.
  • Payments to second priority dependents protect employer from further claims unless notified.
  • Disability periods deducted from compensation time limits.

Medical Attendance and Employer Liability

  • Employer must provide medical/surgical/hospital care promptly.
  • Employer liable for costs at community standard rates.
  • Employee may seek own care if employer fails to provide.
  • Employee who refuses care may waive related rights.

Total Disability Compensation

  • Weekly compensation 60% of average weekly wages, with minimum 4 pesos and maximum 18 pesos.
  • No payment for first 7 days; payments not exceeding 208 weeks or 3,000 pesos.
  • Permanent total disability defined by specific severe injuries.

Partial Disability Compensation

  • Weekly payment 50% of wage difference between pre-accident and post-accident earning capacity, capped at 10 pesos.
  • 208-week maximum payment period.
  • Permanent partial disability compensation paid per defined schedule for loss or impairment of specific body parts.

Amputation and Disfigurement Compensation

  • Amputation classified as loss of corresponding limb depending on site.
  • Serious disfigurement compensation up to 3,000 pesos.
  • Partial disability related to disfigurement subject to reassessment.

Wage Computation Methodology

  • Based on average weekly earnings during 12 weeks before injury.
  • Alternative computations if employment too short or ceased.

Voluntary Payments

  • Payments voluntarily made before due can offset compensation, reducing duration but not weekly rate.

Mode of Payment

  • Compensation may be paid weekly, monthly, semi-monthly, or lump sum.
  • Lump sum payments require notarized or public instrument with witnesses and proper advisories.

Medical Examination of Injured Employees

  • Injured employee must submit to employer-designated medical examination.
  • Employee may have own doctor present.
  • Refusal or obstruction suspends compensation rights.

Notice and Claim Procedures

  • Employer must receive written notice as soon as possible; claim must be made within 2 months of injury or 3 months of death.
  • Notice must include employee details and injury info; may be included with claim.
  • Notice served personally or by registered mail to employer or agent.
  • Notice deficiencies excused if employer had actual knowledge or was not prejudiced.
  • Time limits do not apply to minors or mentally incapacitated without guardians.

Agreements on Compensation

  • Agreements must be notarized or public instruments acknowledged before officials, with full explanation and attestations.
  • Employer released from liability upon payment under such agreements, subject to third party recovery rights.

Insurance and Premiums

  • Employers may insure compensation liabilities.
  • Premiums must be fully paid by employer; wage deductions prohibited.

Role of the Bureau of Labor

  • Bureau acts as mediator in claims and disagreements.
  • May refer unresolved cases to courts.
  • May require provincial fiscals to represent claimants except in cases against government.

Priority of Compensation Actions in Courts

  • Compensation cases prioritized over other civil cases except certain proceedings.
  • Timely replies required from defendants.

Application to Injuries Outside Philippines

  • Injuries occurring outside Philippines during employment are covered.
  • Foreign-contracted laborers compensated per foreign laws but may claim here if rights determinable.

Priority of Compensation Claims

  • Compensation claims have priority over other employer debts similar to unpaid wages.

Assignment and Exemption of Compensation Claims

  • Claims are non-transferable and exempt from creditor claims.

Cooperation with Provincial Fiscal Authorities

  • Director of Labor may seek assistance from provincial fiscals to enforce compliance.

Employer's Record-Keeping and Reporting Duties

  • Employers must record all employee injuries and notify Bureau of Labor promptly.
  • Notice must include detailed injury and worker info.
  • Penalty for failure to notify up to 25 pesos per offense.
  • Statement of total compensation and medical payments required within 60 days after disability ends.

Coverage of Inter-island and Foreign Trade

  • Act covers liabilities of employers in inter-island trade and permissible foreign trade under relevant laws.

Definitions within the Act

  • Detailed definitions for employer, laborer/employee, injury, industrial and public employment, partial disability, wages, gender and number terms.

Penalties for False Claims

  • False statements to obtain benefits punishable by fine up to 200 pesos and possible imprisonment.

Governing Act for Small Industries

  • Claims in trades with less than 40,000 pesos gross income governed by separate legislation.

Repeal and Effective Date

  • Repeals incompatible laws.
  • Effective six months after approval date (December 10, 1927).

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