Dear Atty. Gab,

Musta Atty! I hope this message finds you well. My name is Ricardo Cruz, and I’m writing to you with a heavy heart and a lot of confusion regarding my cousin, Mateo. He was working as a construction worker in Dubai under a two-year contract arranged through a Philippine agency.

Last month, during his scheduled day off, Mateo decided to visit a well-known viewing deck near the main project site where he worked. It was purely for sightseeing, something he wanted to do during his free time. Tragically, while there, he slipped and fell, leading to his untimely death. It was a terrible accident, completely unrelated to his construction duties.

We informed his agency and employer, hoping to process death benefits for his wife and young children back home. However, the company denied the claim. They stated that because Mateo was on his official day off and engaged in a personal activity (sightseeing), his death is not considered ‘work-related’ and therefore not compensable under the terms of his employment contract, which references standard OFW protections.

We are devastated and confused. Mateo wouldn’t have been in Dubai if not for this job. Doesn’t the fact that he was under contract and the accident happened relatively near his work area count for something? Is the employer’s interpretation correct? Are there any grounds for his family to receive death benefits under Philippine law or standard OFW contracts in such a situation? Any guidance you could offer would be deeply appreciated.

Thank you for your time and consideration.

Respectfully,
Ricardo Cruz

Dear Ricardo,

Thank you for reaching out, and please accept my deepest condolences for the tragic loss of your cousin, Mateo. It’s completely understandable that you and his family are seeking clarity during this incredibly difficult time. Losing a loved one, especially an OFW working hard abroad for his family, is heartbreaking, and navigating the legal complexities afterwards adds another layer of stress.

The core issue here revolves around whether Mateo’s death, occurring during his day off while sightseeing, qualifies as “work-related” for the purpose of claiming death benefits under standard OFW employment contracts, which often mirror principles found in the Philippine Overseas Employment Administration’s Standard Employment Contract (POEA-SEC). Generally, for a death to be compensable, it must not only occur during the contract period but must also be directly linked to the nature of the employment or occur while performing duties incidental to the job. An accident during a purely personal activity on a day off, even if near the worksite, often falls outside this definition.

Navigating ‘Work-Relatedness’ in OFW Death Benefit Claims

Understanding the concept of work-relatedness is crucial in situations like Mateo’s. Philippine laws and standard employment contracts for overseas workers, drawing principles similar to those applied to seafarers, typically require a direct causal connection between the work and the injury or death for compensation to be granted. It’s a two-pronged test: the incident must both arise out of the employment and occur in the course of the employment.

The requirement stems from standard contractual provisions, often reflecting the principles laid out by the POEA for various types of overseas workers. For instance, similar standard contracts define compensable incidents based on this connection:

“Work-related injury is defined as an injury(ies) resulting in disability or death arising out of and in the course of employment.”

This means simply being employed under a contract isn’t enough. The circumstances surrounding the death must be examined closely. Let’s break down the two key components mentioned:

“The words ‘arising out of’ refer to the origin or cause of the accident, and are descriptive of its character, while the words ‘in the course of’ refer to the time, place and circumstances under which the accident takes place.”

“Arising out of employment” implies that the employment itself was a contributing factor to the accident. This involves looking at the nature, conditions, obligations, or incidents of the job. Was the risk that led to the accident inherent in or closely associated with Mateo’s work as a construction worker? Based on your description, sightseeing at a viewing deck seems unrelated to the risks associated with construction work.

“In the course of employment” refers to whether the accident happened during the period of employment, at a location where the employee might reasonably be expected to be for work purposes, and while fulfilling job duties or engaging in activities incidental to employment. While Mateo was technically within his contract period, he was on a designated day off, away from the actual worksite (though nearby), and engaged in a personal leisure activity – sightseeing. This activity was not part of his duties, nor was it likely undertaken for the benefit of his employer.

Therefore, even though his presence in Dubai was due to his job, the specific activity he was doing when the accident occurred (personal sightseeing on a day off) breaks the required causal link or work connection. The mere fact that the death occurred during the term of his employment contract is generally insufficient.

“Under the Amended POEA Contract, work-relatedness is now an important requirement. The qualification that death must be work-related has made it necessary to show a causal connection between a seafarer’s work and his death to be compensable.”

While this specific quote pertains to seafarers, the principle of requiring a causal connection between work and death is a standard element in determining compensability for many OFW contracts. Unless Mateo’s sightseeing was somehow company-sponsored, required, or directly linked to his employment conditions in a way not immediately apparent (e.g., if the viewing deck was part of the mandatory accommodation area, which seems unlikely), it would generally be considered a personal pursuit outside the scope of employment.

The employer’s denial, unfortunately, aligns with the typical interpretation of ‘work-relatedness’ in such circumstances. The location being ‘near’ the worksite is usually not sufficient if the activity itself was personal and occurred during non-working hours. While this is a difficult reality, it’s based on established legal principles distinguishing between work-related risks and risks encountered during personal time.

Practical Advice for Your Situation

• Review the Employment Contract Thoroughly: Carefully examine Mateo’s specific employment contract and any attached collective bargaining agreements (if applicable) for clauses defining ‘work-related’ incidents and outlining death benefits. Note any specific exclusions or conditions.
• Gather All Documentation: Collect all relevant documents, including the official accident report from Dubai authorities, Mateo’s employment contract, communications with the employer and agency, and any insurance policies mentioned in the contract.
• Clarify Circumstances: Confirm the exact details – Was the viewing deck visit purely personal? Was there any instruction or suggestion from the employer related to this activity? Was it a designated rest area provided by the company? These details matter.
• Inquire with OWWA/POEA: Contact the Overseas Workers Welfare Administration (OWWA) and the Department of Migrant Workers (DMW, formerly POEA). They provide assistance and guidance to OFWs and their families and can clarify benefits potentially available outside the employer’s liability (like statutory OWWA benefits).
• Check Other Insurance Coverage: Investigate if Mateo had personal accident insurance or if the employer provided any group insurance coverage that might apply regardless of work-relatedness. Sometimes separate insurance benefits exist.
• Understand Local Laws (Dubai): While the employment contract is key, there might be local labor laws in Dubai regarding workplace safety or compensation that could be relevant, although typically the Philippine contract governs OFW benefits disputes.
• Seek Formal Legal Counsel: Given the denial of benefits, it is highly advisable to consult formally with a lawyer specializing in OFW or labor law. They can review all documents and facts specific to Mateo’s case and provide tailored advice on potential legal remedies or appeals.

I understand this might not be the answer you hoped for, Ricardo. The distinction between personal activities and work-related duties during the contract period is a strict one in compensation law. However, exploring all avenues, including OWWA benefits and potential insurance coverage, is important for Mateo’s family.

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.