Dear Atty. Gab,

Musta Atty! My name is Rafael Aquino, and I’m writing to you because I’m in a difficult situation and need some legal advice. I worked as a maintenance worker for a construction company for five years. Last year, I was seriously injured on the job when scaffolding collapsed, resulting in a broken leg and severe back injuries.

The company initially covered my medical expenses, but after a few months, they stopped, saying I was taking too long to recover. I’m still unable to work and struggling to make ends meet. I’m worried about my family and our future. I don’t know if I’m entitled to any disability benefits or what my rights are in this situation.

The company is pressuring me to sign a waiver, but I’m hesitant because I don’t fully understand it. Can they do that? What are my options? Any guidance you can provide would be greatly appreciated.

Sincerely,
Rafael Aquino

Dear Rafael,

Good day, Rafael! I understand your concerns regarding your workplace injury and the cessation of your medical benefits. It’s important to know your rights, especially when dealing with an injury that prevents you from working. In general, if you sustained an injury at work that prevents you from performing your duties, you may be entitled to disability benefits and further medical treatment.

Your employer has a responsibility to provide assistance, and you shouldn’t sign anything you don’t fully understand. This situation requires careful consideration to protect your interests. Let’s explore your legal options to ensure you receive the support you deserve.

Navigating the Complexities of Disability Compensation

The determination of disability benefits involves several factors, including the nature of your injury, the duration of your inability to work, and the assessments made by medical professionals. It’s crucial to understand that in the Philippines, disability compensation is not solely based on the medical condition but also on the impact on your ability to earn a living. The Labor Code and the POEA Standard Employment Contract (if applicable) play significant roles in defining your rights and the obligations of your employer.

Your ability to receive disability benefits depends not only on the severity of your injury, but also on how it affects your capacity to work. Even if you are not completely helpless, if your injury prevents you from performing the same kind of work you were trained for, or any similar work that someone with your background could do, you may be considered permanently and totally disabled. This concept is highlighted in the following citation:

“disability should not be understood more on its medical significance but on the loss of earning capacity. Permanent total disability means disablement of an employee to earn wages in the same kind of work, or work of similar nature that [he] was trained for or accustomed to perform, or any kind of work which a person of [his] mentality and attainment could do. It does not mean absolute helplessness.”

This principle emphasizes that the focus is on your diminished capacity to earn a living due to the injury. It isn’t just about your physical condition, but the impact that condition has on your livelihood. The application of the Labor Code provisions on disability benefits extends to various employment scenarios, ensuring workers are protected when injuries affect their earning potential.

Furthermore, the law specifies timeframes for medical assessment and treatment, which are critical to determining the extent of your disability and the corresponding benefits you are entitled to. The initial treatment period is generally 120 days, during which you are considered temporarily totally disabled. However, this period can be extended up to 240 days if further medical attention is required. Here’s what the Supreme Court says:

“As these provisions operate, the seafarer, upon sign-off from his vessel, must report to the company-designated physician within three (3) days from arrival for diagnosis and treatment. For the duration of the treatment but in no case to exceed 120 days, the seaman is on temporary total disability as he is totally unable to work. He receives his basic wage during this period until he is declared fit to work or his temporary disability is acknowledged by the company to be permanent, either partially or totally, as his condition is defined under the POEA Standard Employment Contract and by applicable Philippine laws. If the 120 days initial period is exceeded and no such declaration is made because the seafarer requires further medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject to the right of the employer to declare within this period that a permanent partial or total disability already exists. The seaman may of course also be declared fit to work at any time such declaration is justified by his medical condition.”

The above explains that during this period, the company-designated physician is expected to assess your condition and determine whether you are fit to work or have a permanent disability. If, after 240 days, no such declaration is made, your temporary total disability may be considered permanent.

It is also important that you understand that your actions during and after treatment matter. The POEA SEC, in particular, notes that it is the responsibility of the employee to faithfully comply with and observe the terms and conditions of the contract, including the provisions governing the procedure for claiming disability benefits. Thus, not cooperating and refusing to undergo further medical treatment may jeopardize your claims as such would prevent a physician from fully determining your fitness to work within the time allowed by the POEA SEC and by law. In these instances:

As we outlined above, a temporary total disability only becomes permanent when so declared by the company[-designated] physician within the periods he is allowed to do so, or upon the expiration of the maximum 240-day medical treatment period without a declaration of either fitness to work or the existence of a permanent disability.

Lastly, consider that there are rules on the awarding of damages and attorney’s fees. Attorney’s fees are awarded when the defendant’s act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. If you fail to provide the company-designated physician enough time to assess your condition, you may not be entitled to attorney’s fees. Therefore, adhering to proper medical timelines can ultimately affect the disability benefits you receive.

Practical Advice for Your Situation

• Seek immediate legal counsel: Consult with a lawyer experienced in labor law and disability claims to understand your rights and options.
• Document everything: Keep detailed records of all medical treatments, expenses, and communication with your employer and insurance company.
• Obtain an independent medical evaluation: Consult with a doctor of your choice to get a second opinion on your condition and its impact on your ability to work.
• Understand the waiver: Before signing any document, have it reviewed by your lawyer to ensure it protects your interests and doesn’t waive any valid claims.
• File a formal claim: Work with your lawyer to file a formal claim for disability benefits with the appropriate government agency, such as the Employees’ Compensation Commission (ECC) or the Social Security System (SSS).
• Cooperate with medical assessments: Attend scheduled medical appointments and cooperate with the company-designated physician to ensure a fair evaluation of your condition within the prescribed timeframes.

Remember, Rafael, it is crucial to understand the specifics of your case. Navigating the legal processes can be complex, but you do not have to do it alone.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.