Book IV — Health, Safety & Social Welfare
Article 192Permanent total disability.
ELI5— what this means for you
Permanent total disability (loss of both eyes, both limbs, permanent paralysis, brain damage, or disability lasting over 120 days) entitles you to monthly income benefits for life, plus dependent child allowances for up to 5 children.
Key point
Work injury left you totally and permanently disabled? You receive monthly ECC income benefits for the rest of your life.
Official text — PD 442
Permanent total disability.
Under such regulations as the Commission may approve, any employee under this Title who contracts sickness or sustains an injury resulting in his permanent total disability shall, for each month until his death, be paid by the System during such a disability, an amount equivalent to the monthly income benefit, plus ten percent thereof for each dependent child, but not exceeding five, beginning with the youngest and without substitution: Provided, That the monthly income benefit shall be the new amount of the monthly benefit for all covered pensioners, effective upon approval of this Decree.
The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination at least once a year upon notice by the System, except as otherwise provided for in other laws, decrees, orders or Letters of Instructions. (As amended by Section 5, Presidential Decree No. 1641)
The following disabilities shall be deemed total and permanent:
Temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided for in the Rules;
Complete loss of sight of both eyes;
Loss of two limbs at or above the ankle or wrist;
Permanent complete paralysis of two limbs;
Brain injury resulting in incurable imbecility or insanity; and
Such cases as determined by the Medical Director of the System and approved by the Commission.
The number of months of paid coverage shall be defined and approximated by a formula to be approved by the Commission.
Source: lawphil.net (PD 442 as amended)
RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.