“But while the nature of death benefits under the Labor Code and the POEASEC are similar, the death benefits under the POEA-SEC are intended to be
separate and distinct from, and in addition to, whatever benefits the seafarer is
entitled to under Philippine laws, including those benefits which may be
claimed from the State Insurance Fund.
“Thus, the claim for death benefits under the POEA-SEC is the same species
as the workmen's compensation claims under the Labor Code – both of which
belong to a different realm from that of Maritime Law. Therefore, the limited
liability rule does not apply to petitioner's liability under the POEA-SEC.”
If the OFW-seafarer belongs to a seafarer’s union, and his/her employment contract is
covered by a Collective Bargaining Agreement that provides superior death or disability
benefits, then the benefits payable to the OFW-seafarer are computed on the basis of the
provisions of said Collective Bargaining Agreement.
Thus, unresolved legal disputes between the OFW-seafarer and the employer/manning
agency on the compensability of claims of the OFW-seafarer for death or disability benefits,
often reach the Supreme Court due to the huge amounts involved in the legal dispute.
Usually, the legal dispute revolves around the following issues: (a) whether or not the
illness/injury/death is compensable; (b) if the OFW or OFW heir is so entitled, what is the
amount of compensation payable; and (c) whether or not the procedures in order to claim
entitlement to the benefits defined and enumerated in the POEA-SEC for seafarers were
observed.
It is unfortunate however, that the foregoing compensation for injury, illness, and
death under the 2010 POEA-SEC for seafarers have no substantial equivalent in the POEA
Standard Employment Contracts for land-based OFWs. The POEA-SEC for land-based
OFWs merely provide for the medical expenses of the OFW, but not for compensation or
benefits for work-related injury, illness, and death. Thus:
(a)
In the POEA-SEC for Various Skills84, the employer is
supposed to provide free medical and dental services and facilities, including
medicine to the OFW. 85 The employer is also obligated to provide personal
life accident insurance in accordance with host government and/ or Philippine
government laws without cost to the worker. In addition, for areas declared by
the Philippine government as war risk areas, a war risk area insurance of not
less than P100,000 shall be provided by the employer at no cost to the
worker.86
(b)
In the POEA-SEC for Household Service Workers Bound For
Saudi Arabia87, the employer is required to shoulder the medical expenses that
84
85
86
87
http://www.poea.gov.ph/files/sec_various_new.pdf
Ibid, Section 10
Ibid, Section 11
Section 9 of the POEA-SEC for Household Service Workers Bound For Saudi Arabia available at
http://www.poea.gov.ph/docs/KSA%20SEC.pdf
50
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents