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    Seafarer's Disability Claim

    Uploaded by

    Glenn Rey D. Anino
    (1) According to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), employers have three liabilities when a seafarer suffers a work-related injury or illness: providing medical treatment, paying sickness allowance equivalent to basic wage, and compensating for permanent disability. (2) The employer must provide medical treatment until the seafarer is declared fit to work or disability is determined, pay sickness allowance equivalent to basic wage until the same, and compensate for permanent total or partial disability. (3) The Supreme Court ruled in Javier vs. Philippine Transmarine Carriers, Inc. that the employer liabilities under the POEA-SEC for medical expenses, sickness

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    Seafarer's Disability Claim

    Uploaded by

    Glenn Rey D. Anino
    36 views2 pages
    (1) According to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), employers have three liabilities when a seafarer suffers a work-related injury or illness: providing medical treatment, paying sickness allowance equivalent to basic wage, and compensating for permanent disability. (2) The employer must provide medical treatment until the seafarer is declared fit to work or disability is determined, pay sickness allowance equivalent to basic wage until the same, and compensate for permanent total or partial disability. (3) The Supreme Court ruled in Javier vs. Philippine Transmarine Carriers, Inc. that the employer liabilities under the POEA-SEC for medical expenses, sickness

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    (1) According to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), employers have three liabilities when a seafarer suffers a work-related injury or illness: providing medical treatment, paying sickness allowance equivalent to basic wage, and compensating for permanent disability. (2) The employer must provide medical treatment until the seafarer is declared fit to work or disability is determined, pay sickness allowance equivalent to basic wage until the same, and compensate for permanent total or partial disability. (3) The Supreme Court ruled in Javier vs. Philippine Transmarine Carriers, Inc. that the employer liabilities under the POEA-SEC for medical expenses, sickness

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    36 views2 pages

    Seafarer's Disability Claim

    Uploaded by

    Glenn Rey D. Anino
    (1) According to the Philippine Overseas Employment Administration Standard Employment Contract (POEA-SEC), employers have three liabilities when a seafarer suffers a work-related injury or illness: providing medical treatment, paying sickness allowance equivalent to basic wage, and compensating for permanent disability. (2) The employer must provide medical treatment until the seafarer is declared fit to work or disability is determined, pay sickness allowance equivalent to basic wage until the same, and compensate for permanent total or partial disability. (3) The Supreme Court ruled in Javier vs. Philippine Transmarine Carriers, Inc. that the employer liabilities under the POEA-SEC for medical expenses, sickness

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    © All Rights Reserved
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    Seafarer’s Disability Claim

    When a seafarer suffers work-related injury or illness during the term of his
    contract, the employer has three kinds of liabilities pursuant to Section 20 (A)(3) of the
    Philippine Overseas Employment Administration Standard Employment Contract
    (POEA-SEC). As such, employers must:

    (1) provide, at its cost, for the medical treatment of the repatriated seafarer for
    the illness or injury that he suffered on board the vessel until the seafarer is declared fit
    to work or the degree of his disability is finally determined by the company-designated
    physician;

    (2) pay the seafarer sickness allowance equivalent to his basic wage; and

    (3) compensate the seafarer for his permanent total or partial disability as finally
    determined by the company-designated physician.

    As to the liability for medical expenses, it is conditioned upon the seafarer’s


    compliance with his own obligation to report to the company designated physician within
    three (3) days from his arrival in the country for diagnosis and treatment.

    As regards the payment of sickness allowance, the POEA-SEC imposes on the


    employer the obligation to provide the seafarer with sickness allowance that is
    equivalent to his basic wage until the seafarer is declared fit to work or the degree of his
    permanent disability is determined by the company-designated physician. The period for
    the declaration should be made within the period of 120 days or 240 days, as the case
    may be.

    Once there is a finding of permanent (total or partial) disability is made either


    within the 120-day period or the 240-day period, Section 20-B (6)of the POEA-SEC
    requires the employer to pay the seafarer disability benefits for his permanent total or
    partial disability caused by the work-related illness or injury.

    In the case of Javier vs. Philippine Transmarine Carriers, Inc., G.R. No. 204101,
    July 2, 2014, the Supreme Court ruled that “while Section 20 of the POEA-SEC did not
    expressly state that the employer’s liabilities are cumulative in nature – so as to hold the
    employer liable for the sickness allowance, medical expenses and disability benefits – it
    does not also state that the compensation and benefits are alternative or that the grant
    of one bars the grant of the others.” The Court concluded that the separate treatment of,
    and the distinct considerations in, these three kinds of liabilities under the POEA-SEC
    can only mean that the POEA-SEC intended to make the employer liable for each of
    these three kinds of liabilities.

    Should you have any further question about seafarer’s disability claim and its
    procedure or if you need the Firm’s assistance, please feel free to contact us at: Tel. No.
    (02) 692-6054 or Cellphone No. +63905-2870-464 or +63925-481-7804 or you can visit
    our office at Unit 2802 Cityland Pasong Tamo Tower, 2210 Chino Roces Avenue, Pio del
    Pilar, Makati City.

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