Seafarers Disability Benefits. Rights and Remedies on Seafarers Total and Permanent Disability Benefits

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1 Seafarers Disability Benefits Rights and Remedies on Seafarers Total and Permanent Disability Benefits

2 Situation X is a seafarer. While on board, he accidentally fell on the stairs and broke his arms. He was repatriated to the Philippines. What are the rights of X and how can X claim his disability benefits, if any?

3 What are the rights of X after the work-related accident? 1. Receive wages during the time he is on board the ship. 2. Full cost of medical and/or serious dental treatment shall be shouldered by the employer until declared fit to work or to be repatriated. 3. Receive sickness allowance, after repatriation, equivalent to basic salary until declared fit or degree of disability has been established by the Company Designated Physician. It shall not exceed 120 days.

4 What are the rights of X after the work-related accident? 4. Full cost of repatriation if the seafarer is disembarked from the ship for medical reasons in the event that he is declared (1) fit for repatriation or (2) he is fit to work but the employer cannot find work for him on board any his former ship or any other ship of the employer 5. Disability benefits depending of the Disability Grading (See Section 32 of POEA Memorandum Circular No. 10, Series of 2010). 6. The benefits stated above are separate, distinct and in addition to benefits that the seafarer is entitled to under the SSS, OWWA, ECC, PhilHealth and Pag-Ibig.

5 What should X do after repatriation to the Philippines to receive the said benefits? He shall go to the company designated physician to have a post employment medical examination within three (3) working days upon his return except when he is physically incapacitated to do so, in which case, he should prepare a written notice to the agency within the same period. He shall also report regularly to the company designated physician on the dates prescribed and agreed during the course of the treatment. He will forfeit these benefits if he fails to comply with the mandatory reporting requirements.

6 What is the basis of the amount of the disability benefits? The amount should be in accordance with the schedule of benefits (Disability Grading) enumerated in Section 32 of POEA Memorandum Circular No. 10, Series of 2010 a.k.a POEA Standard Employment Contract for Filipino Overseas Seafarers. A seafarer may be entitled to a higher amount if there is a Collective Bargaining Agreement (CBA).

7 Who determines the disability grading? In general, it is the company designated physician (CDP) who determines the disability grading. If the seafarer disagrees with the assessment of the CDP, he can seek second opinion from his own doctor. If there is a conflict, a third doctor may be agreed by the seafarer and the employer and the third doctor s decision shall be binding to both parties.

8 What is the remedy when there is dispute on the assessment or disability grading? When there is no CBA, the seafarer may question the assessment or disability grading before the National Labor Relations Commission by filing a complaint. However, Single Entry Approach must be availed first. When there is a CBA, he may file a notice of grievance before the Union (e.g. AMOSUP). If not resolved, he may elevate the case before the National Conciliation and Mediation Board and the case will be decided by the Voluntary Arbitrator/s.

9 Other things to know For death benefits, read Section 20 (B) of POEA Memorandum Circular No. 10, Series of 2010.

10 Sources POEA Memorandum Circular No. 10, Series of 2010 Labor Code of the Philippines [Uploaded on 25 November 2015]]

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