Professional Documents
Culture Documents
01
February 9, 2018
EMPLOYEES’ COMPENSATION PROGRAM
3A Group 8 Report
Scope Vision
every employer shall be covered A nationally-acclaimed institution in social security promotion that is
every employee not over 60 years of age shall be covered. in full control of the Employees’ Compensation Program,
managing a sound, strong, and wisely invested State Insurance Fund
an employee over 60 years of age shall be covered if he had been
and delivering promptly, effectively and efficiently to the Filipino
paying contributions to the system prior to age 60 and has not been
worker a comprehensive package of services and benefits for work-
compulsorily retired
connected contingencies through pro-active, humane and dynamic
an employee who is coverable by both the GSIS and SSS shall be
policies, programs and activities
compulsorily covered by both systems.
Mission
Foreign employment
The ECC champions the welfare of the Filipino worker. Its mission is
The Commission shall ensure adequate coverage of Filipino employees to:
employed abroad, subject to regulations as it may prescribe. Build and sustain among employees and employers a culture of
Filipinos working abroad in the service of an employer shall be safety and healthful environment in the workplace;
covered by the System, and entitled to the same benefits as are Ensure at all times that workers are informed of their rights,
provided for employees working in the Philippines. benefits and privileges under the Employees’ Compensation
Medical services, including appliances and supplies for Filipinos Program (ECP);
employed abroad rendered or provided in such place of employment, Develop and implement innovative policies, programs and projects
shall be paid in accordance with, and subject to the limitations fixed in, that meet the needs of workers with work-connected contingencies;
these Rules; provided that the Rules on Accreditation shall not apply in
Promptly and fairly resolve all cases brought before it;
these cases.
Restore dignity and self-esteem among occupationally disabled
The notice requirement under these Rules shall not be strictly applied.
workers; and
Medical certifications of physicians, and statement of accounts of
Safeguard the integrity of the State Insurance Fund
hospitals, when duly authenticated, are acceptable as basis for
payment, provided that the standard and rates payable by the System
shall be those provided for under these Rules. Strategic Goals
To prevent the occurrence of work-connected contingencies among
Effective Date of Coverage workers; and
To promptly provide workers and their dependents with meaningful
Compulsory coverage of the employer during the effectivity of this
benefits and other curative and rehabilitative services in the event of
Title shall take effect on the first day of his operation, and that of the
work-connected contingencies
employee, on the first day of his employment.
Composed of
Aim
Secretary of Labor and Employment as Chairman
To help workers and their dependents in the event of work-related
GSIS General Manager
injury, sickness, disability or death to promptly receive meaningful
and adequate income benefits, medical or related services and SSS Administrator
rehabilitation services. Chairman of the Philippine Medical Care Commission,
Executive Director of the ECC Secretariat
Two appointive membersone of whom shall represent the
Agencies Involved
employees and the other, the employers, to be appointed by the
Social Security System (SSS) President of the Philippines for a term of six years
Government Service Insurance System (GSIS)
Employee’s Compensation Commission (ECC)
Powers and Duties
To assess and fix a rate of contribution from all employers
EMPLOYEE’S COMPENSATION COMMISSION (ECC) To determine the rate of contribution payable by an employer whose
DOLE- policy coordination and guidance records show a high frequency of work accidents or occupational
Implement ECP disease due to failure by the said employer to observe adequate safety
measures
To approve rules and regulations governing the processing of claims
and the settlement of disputes arising there from as prescribed by the
System;
Main Functions
To initiate policies and programs toward adequate occupational health Insure all insurable assets serving as collaterals for loans extended by
and safety and accident prevention in the working environment, government financial institutions; and
rehabilitation and other related programs and activities, and to Apportion among the governments any disposable surplus that it may
appropriate funds declare from the operations of the Fund.
To make the necessary actuarial studies and calculations concerning
the grant of constant help and income benefits for permanent Functions
disability or death, and the rationalization of the benefits for
Identify and provide promptly all government property and projects
permanent disability and death the Commission may upgrade
with the proper risk analysis and adequacy of insurance cover thru
benefits and add new ones subject to approval of the President
effective strategies and operational tactics;
To appoint the personnel of its staff, subject to civil service law and
Adopt at all times the correct rates, terms and conditions, clauses and
rules, but exempt from WAPCO law and regulations
warranties on all tariff and non-tariff business;
To adopt annually a budget of expenditures of the Commission and its
Settle all justifiable claims judiciously and within specified timeframes
staff chargeable against the State Insurance Fund SSS and GSIS shall
and quality standards;
advance on a quarterly basis the remittances of allotment of the
Reinsure the appropriate amounts with stable and credible reinsurers
loading fund for this Commission's operational expenses based on its
at the proper time; and
annual budget as duly approved by the Ministry of Budget and
Management. Collect all monies due the Government Insurance Fund when these
become due and demandable
To have the power to administer oath and affirmation, and to issue
subpoena and subpoena duces tecum in connection with any question
or issue arising from appealed cases Coverage
To acquire property, real or personal Members of the Judiciary and Constitutional Commissions who are
To enter into agreements or contracts for such services or aid as may covered by separated retirement laws;
be needed for the proper, efficient and stable administration of the Contractual employees who have no employee-employer
program relationship with their agencies;
Uniformed members of the Armed Forces of the Philippines and the
Six Division of ECC Philippine National Police, including the Bureau of Jail
Management and Penology and the Bureau of Fire Protection.
Appeals Division (AD) evaluation and decision of EC appealed cases.
Work Contingency Prevention and Rehabilitation Division
(WCPRD) promotion of occupational health and safety program ; SOCIAL SECURITY SYSTEM (SSS)
researches on the list of occupational diseases Administering agency for the PRIVATE SECTOR
Information and Public Assistance Division (IPAD) comprehensive
communication and information program
Vision
Policy, Programs and Systems Management Division (PPSMD)
initiate planning and programming and continuing review of the A viable social security institution providing universal and equitable
agency programs, projects and activities, and monitor performance of social protection through world-class service.
the agency; researches/special studies on ECP relating to policy
formulation; information communication technology (ICT) service Mission
management and implementation of gender and development To manage a sound and viable social security system which shall
program. promote social justice and provide meaningful protection to
Administrative Division (AD) human resource management, records members and their families against the hazards of disability,
management, supply and building administration. sickness, maternity, old age, death and other contingencies
Finance Division (FD) effective management of the agency's financial resulting in loss of income or financial burden.
transactions, financial reports including annual budget in accordance
with the financial plan. Powers and Duties
To submit annually a public report to the President and to the
GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) Congress covering its activities in the administration and enforcement
Agency for the PUBLIC SECTOR. of the Act during the preceding year including information and
It provides and administers a pension fund that has the following recommendations on broad policies for the development and
social security benefits: perfection of the program of the SSS.
o Compulsory life insurance To require the actuary to submit a valuation report on the SSS benefit
o Optional life insurance program every (4) years, or as may be necessary, to undertake the
o Retirement benefits necessary actuarial studies and calculations concerning increases in
o Disability benefits for work-related accidents benefits and to provide for feasible increases in benefits every (4)
o Death benefits years, including the addition of new ones, subject to the approval of
It provides insurance coverage to assets and properties that have the President : Provided, That the actuarial soundness of the reserve
government insurable interests. fund shall be guaranteed: provided, further, that such increases in
benefits shall not require any increase in the rate of contribution;
To establish offices of the SSS to cover as many provinces, cities and
GSIS is authorized to do the following congressional districts, whenever and wherever it may be expedient,
Engage in the business and operation of all kinds of insurance and necessary and feasible, and to inspect or cause to be inspected
reinsurance and all other forms of undertakings to indemnify any periodically such offices;
person or property against loss, damage, or liability, including third To enter into agreements or contracts for such service and aid, as may
party liability, arising from unknown or contingent events; be needed for the proper, efficient and stable administration of the
Reinsure with and accept reinsurance from insurance and reinsurance SSS;
companies in the Philippines and abroad; To adopt, from time to time, a budget of expenditures including
Issue policies denominated in any foreign currency; salaries of personnel, against all funds available to the SSS under the
Issue surety and/or performance bonds both in Philippine peso Act;
and/or in any foreign currency; To set up its accounting system and provide the necessary personnel
Medical Services
Conditions to Entitlement * Surgical procedure done in OR/ Diagnostic complex shall be paid*
o He has been duly reported to the System
o He sustains an injury or contracts sickness Rehabilitation Services
o The System has been duly notified of the injury or sickness. • Coverage is voluntary.
Period of Entitlement • Entitlement shall be upon approval of the EC claim for disability
o First day of the injury or sickness benefits.
o During the period of his disability • Period of entitlement:
o As the recovery may require • During disability until period determined by rehabilitation
Extent of Services experts.
• Skills training
Benefits only for the ward services
• Tuition fee
Ward services during confinement in an accredited hospital; • Cost of training materials
The follow-up care by an accredited physician • Meal and transportation allowance(P2,500).
Medicines. • Limitations of liability
Ambulatory services in an accredited hospital shall be allowed • Intoxication
only in case of injury. • Willful intent to injure oneself or another;
• Notorious negligence
Ward Services
PERMANENT PARTIAL DISABILITY
Amount of Benefit
Monthly income benefit for the number of months indicated
If the indicated number of months exceed 12, the income benefit shall
be paid in monthly pension
20% increase in benefits for contingencies after may 1, 1978
o Before : P12, 000 or 5 years
CONTRIBUTION
Employer’s Contribution
< php 14,500 monthly salary - 10 pesos/month/employee
• Ward services do not include: > php 15,000 monthly salary – 0.2% of monthly salary
• The extra charge for more comfortable accommodations. Contribution ceases in case of employee’s death
Except: Contribution is suspended until the employee is able again in case
• Patient has contagious disease or his condition requires of employee’s disability
him to be isolated
• No available ward bed and the emergency nature of the
injury or disease requires him to be immediately
COMPENSABILE CONTINGENCIES
accommodated, Work-connected injury or accident
• Objects/ services for personal comfort or convenience. o The injury must be a result of an accident that should arise
• Private duty nurses. within the course of the employment
o Increased Risk Theory
• If the patient will receives treatment which are more expensive For a certain sickness and its resulting disability or death
than ward services, only the ward services will be paid for. to be compensable, it has to be a result of an occupational
disease listed under the provided Annex A
Professional Fees Otherwise, a proof must be presented that the risk of
• First visit contracting the disease is increased by the working
• General Practitioner: P100 conditions
• Specialist: P150 Work-connected sickness
• Succeeding visits o The employer shall require pre-employment examination of all
• General Practitioner: P80 prospective employees
• Specialist: P100 o Provide periodic medical examination to employees who are
exposed to occupational diseases and take such other measures
as may be necessary
The periodic medical examination for the early detection of
occupational diseases must be in accordance to the set
Surgical Benefits minimum standards as prescribed in the provided Annex
B.
• Surgeon's fee according to the ECC Relative Value Study
Any disability or death resulting from any work-connected accident or
• Anesthesiologist's fee, not exceeding one-third of the surgeon's
work-connected sickness
fee.
• Only one surgeon shall be paid for each operation
• Only one anesthesiologist shall be paid for each operation LIABILITY
• Local anesthesia shall not be compensable.
• Except for regional nerve block anesthesia.
No compensation shall be allowed to the employee or his dependents Failure or refusal of the employer to pay or remit the contributions
when the injury, sickness, disability or death was occasioned by any of herein prescribed shall not prejudice the right of the employee or his
the following: dependents to the benefit
o Intoxication
o Willful intention to injure or kill Second Injuries
o Notorious negligence
If any employee under permanent partial disability suffers another
injury which results in a compensable disability greater than the
DEATH BENEFITS previous injury, the state insurance fund shall be liable for the income
All of the following conditions should be satisfied: benefit of the new disability:
o The employee has been duly reported to the system o Provided, that if the new disability is related to the previous
o He died as a result of an injury or sickness disability, the system shall be liable only for the difference in
o The system has been duly notified of his death, as well as the income benefits
injury or sickness which caused his death
His employer shall be liable for the benefit if such death Assignment of Benefits
occurred before the employee is duly reported for coverage No claim for compensation is transferable, or liable to tax, attachment,
to the system garnishment, levy or seizure by or any under legal process whatsoever
except to pay any debt of the employee to the system
Primary Beneficiaries
For each topic header, use the following option: Earned Benefits
The income benefit shall be paid beginning at the month of death and Income benefits shall be payable to an employee who is entitled to
shall continue to be paid for as long as the beneficiaries are entitled receive wages, salaries or allowance for holidays, sick leaves or any
thereto. award of benefit
The monthly income benefit shall be guaranteed for five years, and
shall not be <P15,000.00
Safety Devices
Surviving legitimate spouse – qualified as long as he/she has not
remarried In case the employee’s injury or death was due to the failure of the
employer to comply with any law, or to install and maintain safety
Dependent children’s qualifications are:
devices, or take other precautions for the prevention of injury, the
o Unmarried
employer shall pay the state insurance fund a penalty of 25% of the
o Not gainfully employed
lump sum equivalent of the income benefit payable by the system to
o Over 21 years of age provided he/she is incapable of self-support
the employee
due to a physical or mental defect which is congenital or acquired
during minority
Prescriptive Period
Secondary Beneficiaries No claim for the compensation shall be given due course unless said
claim is filed with the system within three years from the time the
The income benefit shall be sixty (60) times the monthly income
cause of action occurred
benefit of a primary beneficiary which in no case be less than
P15,000.00, which shall likewise be paid in monthly pension Erroneous Payment
If the system pays income benefit to a dependent who is inferior in
right to another dependent or with whom another dependent is
FUNERAL BENEFITS entitled to share, such payment will discharge the system of any
A funeral benefit of twenty thousand pesos (P20,000.00) shall be liability, unless and until such other dependent notifies the system of
paid upon the death of a covered employee or permanently totally his claim prior to the payments
disabled pensioner to one of the following: In case of doubt in right of claims, the system is empowered to
o The surviving spouse determine as to whose payments should be made in accordance with
o The legitimate child who spent for the funeral services such regulations as the commission approves
o Any other person who can show incontrovertible proof or proof
of his having borne the funeral expenses.
Prohibition
EC funeral benefits shall be granted after the SSS or the GSIS has
declared the following in the evaluation of claims for EC death No agent, attorney or any other person pursuing or in charge of the
benefits: preparation or filing of any claim for benefit shall demand or charge
o Death due to sickness - causal relationship between the death for his services any fee, and any stipulation to the contrary shall be
and the working conditions of the covered member null and void.
o Death due to injury - causal relationship between the death and Retention or deduction of any amount from any benefit granted is
the work-related accident prohibited.
Death of EC permanent partial disability (PPD) or permanent total Violation of this article shall be punished by fine of p50,000, or
disability (PTD) pensioner - the cause of death is a complication or imprisonment for not less than six months nor more than one year,
natural consequence of previously compensated PPD or PTD or both.
Penal Provisions
The penal provisions are to be distributed, paid to or collected by the
system
Any person, who for the purpose of claiming or securing entitlement of
the provision, whether for him or for some other person, commits
fraud, collusion, falsification, misinterpretation of facts or any other
kind of anomaly
o Shall be punished by fine of not less than P500 and not more than
P5,000 and an imprisonment for not less than 6 months nor more -FAI =)
than 1 year.
If the act penalized is committed by a/the:
o Employee of the system- imprisonment of >1 year
o Lawyer, physician or other professional- in addition to the
penalty, the professional is disqualified from practice
o Government official - in addition to the penalty, be dismissed
with prejudice to reemployment in government services
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ADDENDUM