Why are OFW cases decided by the Supreme Court in 2015-2019 predominantly
cases involving disability and death benefit claims of sea-based workers?
The answer lies in the gross disparity on disability and death benefits of sea-based
workers vis-à-vis land-based workers.
Section 37-A of R. A. 8042, as amended, provides for compulsory insurance coverage
for all OFWs deployed through recruitment/manning agencies as follows:
Type of Benefit
a) Accidental Death Benefit;
b) Natural Death Benefit;
c) Permanent Total Disablement Benefit;
d) Repatriation Cost Benefit;
e) Subsistence Allowance Benefit;
f) Money Claims Benefit;
g) Compassionate Visit Benefit;
h) Medical Evacuation Benefit;
i) Medical Repatriation Benefit
Amount of Insurance Coverage
USD 15,000.00
USD 10,000.00
USD 7,500.00
Actual cost
USD 100.00 per month for a maximum of six
(6) months
Three (3) months for every year of
employment contract with a maximum of
USD 1,000.00 per month
Actual cost
Actual cost
Actual cost
Source: Agency-Hired Compulsory Insurance - Frequently Asked Questions (FAQs) “Compulsory
Insurance Coverage for Agency-Hired Migrant Workers”75
Under the compulsory insurance coverage for all OFWs under R. A. 8042, as
amended, agency-hired land-based and sea-based OFWs are covered by a permanent total
disability benefit in the amount of US$7,500.00 for permanent damage or disability to both
arms, feet and eyes. The insurance coverage however, does not cover partial disability, such
as loss of one foot, one arm or one eye.76
OFWs who are direct hires, name-hires or re-hires may also avail of the foregoing
insurance coverage on a voluntary basis.
OFWs who are recruited by the POEA on a government-to-government arrangement
are covered by a foreign employers guarantee fund that is answerable for the OFWs’
monetary claims arising from breach of contractual obligations. 77
75
76
77
https://www.insurance.gov.ph/static/OFW/downloads/OFW%20FAQs%20-%20English.pdf.
2017.06.08.pdf
Ibid.
Section 37-A of R. A. 8042, as amended.
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents