Aside from the compulsory insurance coverage under Section 37-A of R. A. 8042, all
OFWs, may they be land-based or sea-based, who are OWWA members in good standing,
are also entitled to the following benefits from OWWA:
Type of Benefit
a) Accidental Death Benefit;
b) Natural Death Benefit;
c) Partial Disability Benefit;
d) Total Permanent Disability Benefit;
e) Burial Benefit;
Amount of Benefit
PhP 200,000.00
PhP 100,000.00
PhP 50,000.00
PhP 100,000.00
PhP 20,000.00
Source: OWWA Frequently Asked Questions78
In addition to the foregoing, seabased OFWs are also provided with additional
compensation for injury, illness, and death under the 2010 POEA Standard Employment
Contract (2010 POEA-SEC) for seafarers.79
Under the 2010 POEA-SEC, the employer of seafarers is liable to pay compensation
and benefits when the seafarer suffers work-related injury or illness during the term of his/her
contract.80 OFW-seafarers are entitled to temporary and permanent disability benefits up to a
maximum of US$50,000.00 based on the Impediment Grad Schedule as provided for under
the 2010 POEA-SEC. Those illnesses not listed in Section 32 of the 2010 POEA-SEC are
disputably presumed to be work-related.81
In case of a work-related death of an OFW-seafarer, his/her beneficiaries are entitled
to the Philippine Currency equivalent of US$50,000.00 and an additional amount of
US$7,000.00 to each child under the age of 21, but not exceeding 4 children.82
What is the legal basis for compensation for work-related death or injury of an OFWseafarer?
The Supreme Court expounded on the legal basis of compensation for work-related
death of an OFW-seafarer in the case of “Phil-Nippon Kyoei, Corp. vs. Rosalia T.
Gudelosao, et al.”83 as follows:
“Act No. 3428, otherwise known as The Workmen's Compensation Act is the
first law on workmen's compensation in the Philippines for work-related
injury, illness, or death. This was repealed on November 1, 1974 by the Labor
Code, and was further amended on December 27, 1974 by Presidential Decree
No. 626. The pertinent provisions are now found in Title II, Book IV of the
Labor Code on Employees Compensation and State Insurance Fund.
78
79
80
81
82
83
https://www.owwa.gov.ph/index.php/about-owwa/f-a-q
POEA Memorandum Circular No. 10, series of 2010, entitled “Amended Standard Terms and
Conditions Governing the Overseas Employment of Filipino Seafarers On-Board Ocean-Going
Ships”
Ibid, Section 20(A)
Ibid, Section 20(A)(4)
Ibid, Section 20(B)(1)
G. R. No. 181375, 13 July 2016
48
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