Module 7: Responses to OSH Issues

and Concerns |
2 – Employees’ Compensation
Program
Engr. Robin C. Rubina
OSH Consultant
 MODULE 1: Basic Occupational Safety & Health (BOSH) Training Course

Safety
In case of emergency, do not panic,
follow your emergency procedures.

Please be aware of the emergency

exits nearest you.

All are expected to observe the fire

and earthquake drills.
MODULE 2: OCCUPATIONAL SAFETY & HEALTH LEGAL & OTHER REQUIREMENTS

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 MODULE 2: OCCUPATIONAL SAFETY & HEALTH LEGAL & OTHER REQUIREMENTS

Objective
Upon completion of the module, participants
will be able to:

1.  Discuss the employee’s compensation

programs, entitlement and benefits
 MODULE 2: OCCUPATIONAL SAFETY & HEALTH LEGAL & OTHER REQUIREMENTS

PD 626
 Coverage

•  The ECP covers all workers in the formal sector.

•  Coverage in the ECP starts on the first day of
employment.
•  Employees in the private sector who are registered
members of the Social Security System (SSS), except
self-employed workers and voluntary members of the
SSS.
 The Compensability of Injuries

•  For the INJURY and the resulting disability or death to be

compensable, the injury must be the result of an accident
arising out of or in the course of employment.
 Work-Connected Injuries

Seven Instances where injury can be compensable:

1.  Happened at the workplace
2.  Happened while performing official function
3.  Outside of workplace but performing an order of his employer
4.  When going to or coming from work
5.  While ministering to personal comfort
6.  While in a company shuttle bus
7.  During a company sponsored activity
 Excepting Circumstances

•  Intoxication

•  Notorious negligence

•  Willful intent to injure oneself or another

 Types of Disability

•  Temporary Total Disability (TTD)

•  Permanent Total Disability (PTD)

•  Permanent Partial Disability (PPD)

 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.
 Permanent Total Disability (PTD)

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.
 COMPENSABLE DISEASES
Under Annex “A” of PD 626 as amended: For an occupational
disease and the resulting disability or death to be compensable,
all of the following conditions must be satisfied:

1.  The employee’s work and / or the working conditions

must involve risk/s that caused the development of
the illness;
2.  The disease was contracted as a result of the
employee’s exposure to described risks;

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Under Annex “A” of PD 626 as amended: For an occupational
disease and the resulting disability or death to be compensable,
all of the following conditions must be satisfied:

3.  The disease was contracted within a period of

exposure and under such other factors necessary to
contract it;
4.  There was no deliberate act on the part of the
employee to disregard the safety measures or
ignore established warning or precaution.
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Under Annex “A” of PD 626 as amended: For an occupational
disease and the resulting disability or death to be compensable,
all of the following conditions must be satisfied:

5.  Not any disease is compensable

6.  Only diseases caused by work or the working
environment is compensable
7.  List of 32 Occupational Diseases with specific
conditions set - conditions or risk factors on the job
must be present for the disease to be compensable 15
 Annex A – Occupational and Work-related Diseases
PD 626 as amended
1. Cancer of the epithelial lining of the bladder
10. Pneumoconiosis
2. Cancer, epitheliomatous or ulceration of the skin or of the corneal surface of 11. Diseases caused by abnormalities in temperature and humidity – heat stroke/
the eye due to tar, pitch, bitumen, mineral oil or paraffin or any compound cramps/ exhaustion; chilblain/ frostbites/ freezing; immersion foot/general
product or residue of these substances hypothermia
12. Vascular disturbance in the upper extremities due to continuous vibration
3. Cataract by exposure to the glare of or rays from molten glass or molten or red from pneumatic tools or power drill, riveting machines or hammer
hot metal 13. Viral hepatitis
14. Leukemia and lymphoma
4. Occupational Hearing Loss 17. Cancer of the stomach and other lymphatic and blood forming vessels, nasal
5. Decompression sickness cavity and sinuses
Caissons’s disease 18. Cardiovascular disease
Aeroembolism 19. Cerebro-vascular accidents
6. Dermatitis due to irritants and sensitizers 20. Malaria and Schistosomiasis
7. Infections - anthrax, brucelloosis, glanders, rabies, 21. Pneumonia
tularemia, Weill’s disease, Q- fever, mite 22. Hernia
dermatitis 23. Occupational Asthma
24. Musculoskeletal Disorders
8. Ionizing radiation disease, inflammation, ulceration or malignant disease of 25. Viral Encephalitis
the skin or subcutaneous tissues of the bones or leukemia, or anemia of the 26. Peptic Ulcer
aplastic type due to X-rays, ionizing particle, radium or other radioactive 27. Pulmonary Tuberculosis
substances 28. Viral hepatitis
29. Essential Hypertension
9. Poisoning and its sequelae caused by:
ammonia, arsenic or its toxic compound, benzene, beryllium, brass zinc or 30. Asbestosis-related Diseases
nickel, carbon dioxide, carbon bisulfide, carbon monoxide, chlorine, chrome, 31. Hypersensitivity Pneumonitis
dinitrophenol. Halogen derivavites of hydrocarbon of the aliphatic series, 32. Byssinosis
lead,manganese, mercury, nitrous fumes, phosgene, phosphorus, sulfur
dioxide
 Permanent Partial Disability (PPD)

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.
 ECP Benefits

1.  Loss of income benefit or a cash benefit given to a worker

to compensate for loss of income due to inability to work.

2. 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;
 ECP Benefits

3. 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.
ECP Benefits

4. 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 (PhP 1,000/month allowance both for the
private & public sector employees only (as per E.O. 54-2018)); and

5. 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. (Funeral
benefit of PhP 30,000 for both private & public sector (as per E.O.
No. 33-2017))
 The Employees’ Compensation Program
IMPLEMENTATION is by three agencies
for policy, appealed case disposition and E
program coordination
C
C
for program administration or settlement of claims and management of the
State Insurance Fund

SSS GSIS

for private sector for public sector

 Availing of ECP Benefits

PRESCRIPTIVE PERIOD

•  No claim for compensation shall be given due

course unless said claim is filed with the
Systems within THREE (3) years from the
time the cause of action occurred.
 EC LOGBOOK
Notice Requirement
• Every employer shall keep a logbook to record
chronologically the sickness, injury, or death of their
employees containing the names of the employees;
dates, places, and nature of contingency; and absences.
• Entries in the logbook should be made within five (5)
days from notice of knowledge of the contingency.
Within five (5) days after entry in the logbook, the
employer shall report to either SSS or GSIS only those
contingencies he deems to be work-related. 24
 EC LOGBOOK
Notice Requirement
• Manual or electronic recording of such contingencies is acceptable,
for as long as the information or data entered into and recorded by
the employer is accurate and sufficient.
• However, the mere absence of a logbook shall not result in the
suspension of the evaluation of claim.

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 EC LOGBOOK
In case of the employer’s failure to record in the logbook
an actual sickness, injury or death of any of his
employees within the period prescribed by the EC Law
or gives false information or withholds material
information provided by the employer in relation to his
employee’s claims for EC benefits, sanction shall be
imposed on the employer. These shall include a liability
for a 50 percent of the lump sum benefit and/or a fine
ranging from P500-P5000 and imprisonment ranging
from six months to one year.
MODULE 6:2 SUMMARY
• The ECP is enjoyed only by those with
Employee-Employer relationship
• ECP coverage/entitlement to benefits
begin on the first day of employment
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• ECP benefits are in addition to SSS and
PhilHealth benefits
• The ECP benefits are welcome but it is
better to be safe than injured or ill
because of work
THANKS! 28

Any questions?