When is a sickness compensable under the Employees’ Compensation Program?
A sickness is considered compensable if the same is included in the ECC’s List of Occupational Diseases and the conditions for its compensability are met. If the conditions were not satisfied and/or the claimed ailment is not included in the list, proof must be shown that the risk of contracting the disease is increased by the working conditions. This is known as the increased-risk theory.
When is an injury compensable under the Employees’ Compensation Program?
An injury is considered compensable when the same takes place within the period of employment, at a place where the employee may reasonably be in the performance of his duties, and while he is fulfilling those duties or engaged in doing something incidental thereto, or where he is engaged in the furtherance of the employer’s business.
When is an accident considered to have “risen out of and in the course of employment”?
An accident may be considered to have risen out of and in the course of employment when it happened:
- at the workplace;
- while performing official functions;
- outside of the workplace, but performing an order/ instruction of the employer;
- when going to or coming home from work;
- while ministering to personal comfort;
- while in a company shuttle bus; or
- during a company sponsored activity
What are the benefits under the Employees’ Compensation Program?
The benefits are the following:
A. Loss of income benefit or a cash benefit given to a worker to compensate for loss of income due to inability to work.
There are three types of loss of income benefits:
1. Temporary Total Disability (TTD). A total disability is temporary if as a result of the injury or sickness, the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. (Rule VII, Sec. 2 (a) in relation to Rule X, Sec. 2 (a) Amended Rules on Employees’ Compensation)
2. Permanent Total Disability (PTD) means an incapacity to perform gainful work which is expected to be permanent. This status does not require a condition of complete helplessness, but means disablement of an employee to earn wages in the same kind of work, or work of a similar nature that he/she was trained for or accustomed to perform, or any kind of work which a person of his/her mentality and attainment could do.
The following disabilities shall also be deemed total and permanent:
a. Complete loss of sight of both eyes;
b. Loss of two limbs at or above the ankle or wrist;
c. Permanent complete paralysis of two limbs;
d. Brain injury resulting in incurable imbecility or insanity; and
e. Such cases as determined by the System and approved by the ECC.
3. Permanent Partial Disability (PPD) benefit is given to a worker who loses a body part and, consequently, the loss of the use of that body part.
B. Medical benefits - reimbursement of the cost of medicine for the illness or injury, payment to providers of medical care, hospital care, surgical expenses and the costs of appliances and supplies. The medical services are limited to ward services during confinement;
C. Rehabilitation Services - provision of remedial treatment, vocational assessment and preparation which is designed to meet the individual needs of each handicapped employee to restore him to suitable employment and to help each person with work-related disability (PWRD) to develop his/her mental, vocational or social potential.
Rehabilitation services may be in the form of any of the following:
a. Medical-surgical management;
b. Hospitalization;
c. Necessary appliances and supplies;
d. Physical restoration;
e. Psychosocial counseling;
f. Psychiatric evaluation;
g. Skills training;
h. Entrepreneur training;
i. Hearing impairment evaluation;
j. Visual impairment evaluation; and
k. Job referral.
D. Carer’s allowance is provided to an employee who suffers from a permanent partial or permanent total disability as a result of a work-related contingency arising out of employment; and
E. Death benefits which include funeral and EC death pension granted to beneficiaries of an employee who died as a result of compensable sickness or injury.
Who are considered as qualified beneficiaries?
A. PRIMARY BENEFICIARIES
The following beneficiaries are considered primary:
- The legitimate spouse living with the employee, or a legitimate spouse separated with the employee at the time of the employee’s death until he/she remarries; and
- Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided that he/she is incapacitated and incapable of self- support due to physical or mental defect which is congenital or acquired during minority.
B. SECONDARY BENEFICIARIES
The following beneficiaries are considered secondary:
- The legitimate parents wholly dependent upon the employee for regular support;
- The legitimate descendants and illegitimate children who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided he/she is incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.
Primary beneficiaries shall have priority claim to death benefits over secondary beneficiaries. Whenever there are primary beneficiaries, no death benefit shall be paid to his/her secondary beneficiaries.
Should the sick leave credits be consumed first before filing the EC claims?
No, there is no need to consume sick leave or other similar benefits before EC temporary or permanent disability can be filed. Considering that compulsory coverage of the employees starts on the first day of employment, EC claim may be filed regardless of the presence or absence of the sick-leave credits.
Where are EC claims filed?
SSS branch nearest to the place of work or residence of the covered employee.
How is monthly EC pension computed? (EC-SSS)
EC monthly pension is equivalent to 115% of the SS monthly pension for the same sickness or injury that is work-related.
To compute the EC Monthly Pension (MP):
The SS MP shall be the highest of the following:
- MP = 300 + (20% AMSC) + (2% AMSC X CYS) or the sum of: three hundred pesos and Twenty percent of the average monthly salary credit (AMSC) and two percent of the average monthly salary credit (AMSC) multiplied by credited years of service (CYS) in excess of 10 years
- Forty percent (40%) of the AMSC; or
- One Thousand Pesos for members with less than 10 CYS; P1,200 with at least 10 CYS and 2,400 with at least 20 CYS
Multiply the SS MP to 1.15 (1.15 X SS MP)
What is the duration of the monthly income benefit for Permanent Partial Disability (PPD) benefits?