Last week, our company held the first leg of a two day training for the first aid volunteers. The main goal of this, aside from it is required by the government, is it will also give a fast action in case of injury or accident in our workplace.
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| First Aid Training and Workshop (Source: Facebook) |
Speaking of injuries and accidents at work, are we employees and workers protected by our labor laws? What if a part of the body has been permanently damage by the accident? How are we going to be compensated?
Aside from hospitalization and sickness benefits, an individual will get additional amount in the event of body parts losses. According to Department of Labor and Employment (DOLE), such loss is already considered as "disability" and must be paid accordingly. The type of disability is categorized into three types - temporary total, permanent total and permanent partial disability.
Temporary total disability.
1. Under such regulations as the Commission may
approve, any employee under this Title who sustains an injury or contracts
sickness resulting in temporary total disability shall, for each day of such a
disability or fraction thereof, be paid by the System an income benefit
equivalent to ninety percent of his average daily salary credit, subject to the
following conditions: the daily income benefit shall not be less than Ten Pesos
nor more than Ninety Pesos, nor paid for a continuous period longer than one
hundred twenty days, except as otherwise provided for in the Rules, and the
System shall be notified of the injury or sickness. (As amended by Section 2, Executive Order No. 179)
2. The payment of such income benefit shall be in
accordance with the regulations of the Commission. (As
amended by Section 19, Presidential Decree No. 850)
Permanent total disability.
1. Under such regulations as the Commission may
approve, any employee under this Title who contracts sickness or sustains an
injury resulting in his permanent total disability shall, for each month until
his death, be paid by the System during such a disability, an amount equivalent
to the monthly income benefit, plus ten percent thereof for each dependent
child, but not exceeding five, beginning with the youngest and without
substitution: Provided, That the monthly income benefit shall be the new amount
of the monthly benefit for all covered pensioners, effective upon approval of
this Decree.
2. The monthly income benefit shall be guaranteed for
five years, and shall be suspended if the employee is gainfully employed, or
recovers from his permanent total disability, or fails to present himself for
examination at least once a year upon notice by the System, except as otherwise
provided for in other laws, decrees, orders or Letters of Instructions. (As amended by Section 5, Presidential Decree No. 1641)
3. The following disabilities shall be deemed total
and permanent:
a. Temporary total disability lasting continuously for
more than one hundred twenty days, except as otherwise provided for in the
Rules;
b. Complete loss of sight of both eyes;
c. Loss of two limbs at or above the ankle or wrist;
d. Permanent complete paralysis of two limbs;
e. Brain injury resulting in incurable imbecility or
insanity; and
f. Such cases as determined by the Medical Director of
the System and approved by the Commission.
3. The number of months of paid coverage shall be
defined and approximated by a formula to be approved by the Commission.
Permanent partial disability.
1. Under such regulations as the Commission may
approve, any employee under this Title who contracts sickness or sustains an
injury resulting in permanent partial disability shall, for each month not
exceeding the period designated herein, be paid by the System during such a
disability an income benefit for permanent total
2.The benefit shall be paid for not more than the
period designated in the following schedules:
Complete and permanent No. of Months
loss of the use of
One thumb - 10
One index finger - 8
One middle finger - 6
One ring finger - 5
One little finger - 3
One big toe - 6
One toe - 3
One arm - 50
One hand - 39
One foot - 31
One leg - 46
One ear - 10
Both ears - 20
Hearing of one ear - 10
Hearing of both ears - 50
Sight of one eye - 25
3. A loss of a wrist shall be considered as a loss of
the hand, and a loss of an elbow shall be considered as a loss of the arm. A
loss of an ankle shall be considered as loss of a foot, and a loss of a knee
shall be considered as a loss of the leg. A loss of more than one joint shall
be considered as a loss of one-half of the whole finger or toe: Provided, That
such a loss shall be either the functional loss of the use or physical loss of
the member. (As amended by Section 7, Presidential Decree No. 1368)
4. In case of permanent partial disability less than
the total loss of the member specified in the preceding paragraph, the same
monthly income benefit shall be paid for a portion of the period established
for the total loss of the member in accordance with the proportion that the
partial loss bears to the total loss. If the result is a decimal fraction, the
same shall be rounded off to the next higher integer.
5. In cases of simultaneous loss of more than one
member or a part thereof as specified in this Article, the same monthly income
benefit shall be paid for a period equivalent to the sum of the periods
established for the loss of the member or the part thereof. If the result is a
decimal fraction, the same shall be rounded off to the next higher integer.
6. In cases of injuries or illnesses resulting in a
permanent partial disability not listed in the preceding schedule, the benefit
shall be an income benefit equivalent to the percentage of the permanent loss
of the capacity to work. (As added by Section 7,
Presidential Decree No. 1368)
7. Under such regulations as the Commission may
approve, the income benefit payable in case of permanent partial disability may
be paid in monthly pension or in lump sum if the period covered does not exceed
one year. (As added by Section 7, Presidential Decree No. 1368)
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But do you know how much does your entire body cost? Harrington Law released and infographic with an estimate value of each body part. You can view it at http://www.losangelespersonalinjuryattorney.net/body-value/.
Though we protected and will be compensated in case of accidents and loss of a body part even the smallest finger, it is still better to take all precautions in our workplace to avoid any untoward incidents. Just like what most company implied with their employees:
"SAFETY FIRST!"