Dear PAO,
I have been working for a private company for several years now. Recently, I sustained an injury while performing my duties at work, which required me to undergo medical treatment and prevented me from reporting for work for several weeks. My employer told me that I may be entitled to some benefits under the Employees’ Compensation Program (ECP), specifically for the medical and rehabilitation expenses, and I would like to know if I can also receive assistance for the weeks of work I missed due to my injury?
Orly
Dear Orly,
The Employees’ Compensation Program (ECP) is a government program so designed to provide a compensation package to covered employees or their dependents in the event of work-related sickness, injury, disability, or death. Specifically, the program was established in line with the State’s policy to “promote and develop a tax-exempt employees’ compensation program whereby employees and their dependents, in the event of work-connected disability or death, may promptly secure adequate income benefit, and medical or related benefits.” (Article 164, Presidential Decree No. 626)
For private sector employees who are compulsory members of the Social Security System (SSS), including sea-based Overseas Filipino Workers (OFWs), house helpers, and self-employed members, the program is administered through the SSS. For government employees or those employed in the public sector, the program is administered through the Government Service Insurance System (GSIS), with both under the policy supervision of the Employees’ Compensation Commission (ECC).
It bears stating at the outset that for a sickness and/or injury, as well as the resulting disability or death to be compensable under the program, the sickness must be an occupational disease listed under Annex “A” of the Amended Rules on Employees’ Compensation which took effect on June 1, 1987, with the conditions therein satisfied, and the injury must be the result of an accident arising out of and in the course of employment. This means that there must be a sufficient connection between the sickness or injury and the employment, in accordance with the requirements under P.D. No. 626 and the Amended Rules on Employees’ Compensation.
For qualified employees and, in appropriate cases, their beneficiaries, the ECP provides several benefits and services, including, but not limited to loss-of-income benefits, medical benefits, rehabilitation services, and death benefits.
Indeed, medical benefits such as reimbursement for medicines, payment to medical-care providers, hospital care, surgical expenses, and rehabilitation services including physical therapy, rehabilitation appliances, and other forms of assistance intended to restore the employee’s physical, mental, vocational, or social potential may be granted to cover expenses arising from the employees’ work-related illness or injury. (P.D. No. 626, as amended)
Aside from that, loss-of-income benefits may likewise be granted to compensate a worker for income lost because of his/her inability to work. These benefits include Temporary Total Disability benefits, which is given when an employee is unable to work for a continuous period not exceeding 120 days; a Permanent Total Disability benefits, which is granted to an employee who is unable to work for more than 240 days; and, Permanent Partial Disability benefits, which is applicable to those who suffer loss, or loss of use, of a body part. (P.D. No. 626, as amended)
In your case, if the injury you sustained at work has been determined to be compensable, you may certainly avail yourself not only of medical benefits and rehabilitation services under the ECP, but also of loss-of-income benefits, depending on the circumstances and extent of your disability. Since you are employed in the private sector, your EC claims may be filed with the SSS branch nearest to your place of work or residence.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
