After reading On Limitation of Employees’ Compensation Program, read also What is Employees’ Compensation Program?
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An injury resulting from an employment accident is compensable if the employee is injured at the workplace
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If the injury is sustained elsewhere, to be compensable, the employee must be executing an order from the employer
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No compensation will be allowed if the injury, sickness, disability or death is due to drunkenness, willful intention to injure or kill himself or another or notorious negligence
W hat is the rule on compensability of injury under the Employees’ Compensation Program?
The law says:
For the injury and the resulting disability or death to be compensable, the injury must be the result of accident arising out of and in the course of the employment.
For the sickness and the resulting disability or death to be compensable, the sickness must be the result of an occupational disease listed under the Amended Rules on Employees’ Compensation, otherwise, proof must be shown that the risk of contracting the disease is increased by the working conditions. In relation to this, the employer shall require pre-employment examination of all prospective employees, provide periodic medical examination to employees who are exposed to occupational diseases and take such other precautionary measures as may be necessary.
To simplify, the following are the conditions before an injury, sickness or death may be compensable:
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the concerned employee is injured at the workplace;
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the employee is performing official functions; and
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if the injury is sustained elsewhere, the employee must be executing an order for the employer.
Is the employer obliged to compensate the injury sustained by his or her employees in all instances?
The law says:
No.
No compensation shall be allowed to the employee or his dependents when the injury, sickness, disability or death was occasioned by any of the following:
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his intoxication;
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his willful intention to injure or kill himself or another; or
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his notorious negligence.
There is notorious negligence when there is a deliberate act of the employee to disregard his own safety or ignore established warnings or precautions.
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