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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A sickness, injury, disability or death resulting from an employment accident is compensable if: (1) the employee is injured at the workplace; (2) the employee is performing official functions; (3) if the injury is sustained elsewhere, the employee is executing an order for the employer. (Employee Compensation Program, 2022 Handbook on Workers’ Statutory Monetary Benefits)
Sickness, injury, disability or death of an employee is compensable under the Employees Compensation Program. However, to be compensable, such sickness, injury, disability or death should have resulted from an employment accident, subject to certain conditions.
The law says:
“Conditions of Compensability
A sickness, injury, disability or death resulting from an employment accident is compensable if:
- The employee is injured at the workplace;
- The employee is performing official functions;
- If the injury is sustained elsewhere, the employee is executing an order for the employer.
No compensation will be allowed to an employee or the dependents if the injury, sickness, disability, or death is due to:
- Drunkenness;
- Willful intention to injure or kill himself or another; or
- Notorious negligence.” (Employee Compensation Program, 2022 Handbook on Workers’ Statutory Monetary Benefits)
Question: If an employee contracts COVID-19, is it compensable?
Yes, under ECC Board Resolution No. 21-04-14 or the Conditions for the Compensability of COVID-19, COVID-19 acquired due to work or the working environment is compensable under the EC program in accordance with the “increased risk theory” which provides that diseases not in the ECC List of Occupational and Work-Related Diseases may be compensable upon showing of proof of work-relatedness of the said disease.
The law says:
“The conditions for the compensability of CoViD-19 in Annex A, PD No. 626, as amended, are as follows:
Coronavirus disease 2019 (CoViD-19) – clinically diagnosed and consistent with the history, and signs and symptoms of CoViD-19 supported by diagnostic proof to include reverse transcriptase polymerase chain reaction (RT-PCR) test is compensable in any of the following conditions:
- There must be a direct connection between the offending agent or event and the worker based on epidemiologic criteria and occupational risk (g., healthcare workers, screening and contact tracing teams, etc.);
- The tasks assigned to the worker would require frequent face-to-face and close proximity interactions with the public or with confirmed cases for healthcare workers;
- Transmission occurred in the workplace; or
- Transmission occurred while commuting to and from work.” (ECC Board Resolution No. 21-04-14 or the Conditions for the Compensability of COVID-19)
Related article: SICKNESS BENEFITS UNDER THE SOCIAL SECURITY LAW
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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