Compensation Claims for Seafarer Work Accidents Under Philippine Maritime Law

1) Executive overview

Filipino seafarers who suffer work accidents are protected by a layered framework made up of: (a) the POEA Standard Employment Contract for Seafarers (POEA-SEC, now administered by the Department of Migrant Workers but still widely referred to as “POEA-SEC”), (b) applicable Collective Bargaining Agreements (CBAs), (c) the Labor Code and jurisprudence, (d) the Maritime Labour Convention, 2006 (MLC 2006), and (e) social insurance schemes (SSS/Employees’ Compensation). Benefits are largely no-fault and include medical care, sickness allowance, disability compensation graded from 1–14 (with Grade 1 as total and permanent), and, in fatal cases, death and funeral benefits. Claims are generally filed with a Labor Arbiter of the NLRC, with a three-year prescriptive period for money claims.

2) Who is covered

Sea-based OFWs under a POEA-approved contract (ratings and officers), regardless of vessel type (ocean-going, coastal, offshore).
Manning agencies and foreign principals are jointly and solidarily liable for contractual obligations.
Work accident coverage applies if the injury arises out of and in the course of employment, including during shipboard operations and employer-mandated activities. (Illness claims follow additional rules; this article focuses on accidents.)

3) Sources of law and how they interact

POEA-SEC – The baseline rights and obligations (medical care, sickness allowance, disability schedule, death benefits, third-doctor process, reporting rules).
CBA – If the seafarer is covered, the CBA supersedes the POEA-SEC when it is more beneficial (often higher lump-sum disability/death benefits and different procedures).
Labor Code + Supreme Court jurisprudence – Governs prescription, the 120/240-day rule, evidentiary standards, attorney’s fees, legal interest, etc.
MLC 2006 – Requires financial security and minimum standards for shipowner’s liability (medical care, repatriation, compensation for death/long-term disability).
Social insurance (SSS/EC) – Separate from contractual benefits; may be claimed in parallel (medical services, disability pensions, funeral benefits).

4) Immediate employer obligations after an onboard accident

Medical treatment and costs: The employer shoulders full and complete medical treatment, medicines, hospitalization, and rehabilitation until maximum medical improvement or assessment.
Repatriation: If unfit for sea duty, the seafarer must be medically repatriated at employer’s expense.
Sickness allowance: The seafarer receives basic wage (not total wage) as a sickness allowance during treatment, typically up to 120 days, extendable to 240 days if additional treatment is justified by the company-designated physician (CDP).
Company-designated physician: Employer must refer and manage treatment through a CDP who issues the medical assessments.

5) The 120/240-day rule (disability status and timing)

If the CDP issues a definitive assessment (e.g., “fit to work,” “permanent partial disability Grade 10,” or “permanent total disability/Grade 1”) within 120 days, that governs—subject to challenge.
If further treatment is justified, the assessment window may extend to 240 days.
If no final, adequate assessment is issued within 120 days (without justification) or by 240 days (even with justification), the disability is deemed total and permanent by jurisprudential rule.
A “definitive” assessment must: (i) be timely, (ii) be clear and reasoned, and (iii) categorically state the disability grade or fitness.

6) Doctor-shopping vs. the “third-doctor” mechanism

The seafarer may consult a physician of choice.
If the seafarer’s doctor disagrees with the CDP, the POEA-SEC requires the parties to jointly refer the matter to a third doctor, whose decision is contractually final and binding.
Failure to trigger the third-doctor process can have serious effects: tribunals often give more weight to the CDP’s assessment—unless it is incomplete, equivocal, or unjustified.
Practical tip: Formally request the third-doctor referral in writing once you have a contrary medical opinion.

7) Disability compensation: schedule and grades

The POEA-SEC attaches a Schedule of Disability/Impediment (Grades 1 to 14).
Grade 1 = Permanent Total Disability (PTD) and entitles the maximum contractual amount (often US$60,000 under the standard contract; many CBAs provide higher).
Grades 2–14 = Permanent Partial Disability (PPD) with proportional compensation (e.g., Grade 10 may be 20–30% of the maximum; exact ratios depend on the schedule in force when the contract was executed).
The schedule enumerates common injuries (e.g., loss of limb, severe joint limitation, spinal injuries, loss of vision). Some injuries are analogized to the closest listed condition.
Consequence of non-assessment by 240th day: treated as PTD, even if the medical condition might be compatible with partial disability if properly graded in time.

8) Death benefits and beneficiaries

Contractual death benefit (typical POEA-SEC): US$50,000 to the spouse (or designated beneficiary) plus an additional benefit per minor child (commonly US$7,000 each up to four).
Burial/funeral benefit: A separate fixed amount under the contract (and separately under EC/SSS).
CBAs often increase these amounts significantly and may add accidental death multipliers.

9) Sickness allowance vs. disability benefits (don’t confuse them)

Sickness allowance: Paid monthly basic wage during treatment/rehab for up to 120 days (extendable to 240 with justification). It stops upon fit-to-work or final disability assessment.
Disability benefit: One-time lump sum (or CBA-governed) based on the final grade or the deemed PTD rule.

10) Reporting and procedural pitfalls (how claims get lost)

Post-employment medical examination (PEME) within 3 working days of arrival: The seafarer must report to the manning agency to trigger employer-funded medical evaluation. Failure may forfeit benefits unless there is a justifiable reason (e.g., emergency, employer’s refusal, late notice attributable to them).
Follow medical protocols and attend scheduled treatments; unexplained absences can be used to argue non-compliance.
Avoid unilateral long gaps between repatriation and consulting your own doctor; if you do, document why and notify the agency.

11) Defenses that can defeat or reduce claims

Willful or intentional acts, self-inflicted injury, gross misconduct, drunkenness, or commission of a crime connected to the injury can bar or reduce recovery under the POEA-SEC.
Non-work-related or purely personal injuries (e.g., off-duty recreational risks unrelated to service) may fall outside coverage.
Pre-existing conditions aggravated by work can still be compensable, but the employer may contest work-connection and causation—evidence matters.

12) Evidence you need (best practices)

Accident report and logbook entries; preserve copies or photos.
Witness statements from crewmates/officers.
Medical records: shipboard first-aid, port hospital records, diagnostics, operative notes, rehab notes.
Photographs/videos of the scene/equipment.
Contract documents: POEA-SEC, CBA, assignment orders, safety manuals, company circulars.
Wage records to establish sickness allowance and basic wage.
Proof of dependents (marriage certificate, birth certificates) for death benefits.
Paper trail for the third-doctor request (letters, emails).

13) Jurisdiction, venue, and prescription

Where to file: Labor Arbiters of the NLRC have original and exclusive jurisdiction over seafarer money claims (contractual disability, death, sickness allowance, unpaid wages, damages/fees).
Venue: Usually where the complainant resides or where the manning agency is located.
SEnA: Expect mandatory conciliation (Single-Entry Approach) before formal filing.
Prescription: Three (3) years from the time the cause of action accrued (typically from unjust denial/release of lesser benefits, or from final assessment/expiration of the 120/240-day window). Don’t wait for prolonged back-and-forth if deadlines loom.
Forum clauses: Some CBAs include foreign arbitration. Philippine law generally honors more beneficial provisions and has a strong policy favoring access to Philippine fora for OFWs; outcomes depend on wording, timing, and jurisprudence at filing—raise both contract and public-policy arguments.

14) Damages, fees, and legal interest

Moral/exemplary damages may be awarded for bad-faith denial or oppressive conduct.
Attorney’s fees often at 10% of the monetary award in labor cases where the worker was compelled to litigate.
Legal interest (commonly 6% per annum) may be imposed on the monetary awards from a judicially determined reckoning date (varies by ruling—often from finality or from the date of decision).

15) Interplay with SSS/Employees’ Compensation (EC)

SSS and EC benefits (medical reimbursement, temporary total/permanent disability pensions, death and funeral) are separate from POEA-SEC/CBAs.
Filing for EC does not waive contractual claims. Coordinate filings to avoid paperwork gaps.
Employers should issue ECC forms and accident reports; seafarers should keep all receipts and medical certificates.

16) Typical claim flow (step-by-step)

Onboard accident → first aid; record the incident.
Notify master/shipowner; incident report prepared.
Medical repatriation if unfit for duty.
Within 3 working days of arrival: report to agency for post-employment medical exam.
CDP treatment + sickness allowance begins.
Up to 120 days: CDP should issue a definitive assessment; otherwise justify extension to 240 days.
If not satisfied or there’s a contrary private doctor opinion → invoke third-doctor process in writing.
Computation of disability benefits based on final grade or deemed PTD (120/240 rule).
If denied/underpaid → SEnA, then NLRC complaint.
Decision/Award → potential appeals to the NLRC Commission and Courts.

17) Computation notes (rule-of-thumb)

Disability award = Base amount (per POEA-SEC/CBA) × percentage per grade (for PPD).
Sickness allowance = basic wage (monthly) × months actually due (up to 4 months absent valid extension; up to 8 with proper justification).
Death: Standard POEA-SEC US$50,000 + US$7,000 per minor child (max four), plus funeral (contract/EC). CBA may significantly increase these figures.
Always use the contract version in force at deployment; amounts can vary across POEA-SEC editions and CBAs.

18) Special scenarios

Multiple injuries: The highest applicable grade usually governs; some CBAs allow combined or higher of two approaches—check wording.
Aggravation ashore while on ship’s business: Still typically covered.
Shore leave accidents: Fact-dependent; stronger if occurring in employer-mandated activities or areas reasonably incidental to service.
Pre-existing conditions worsened by accident: Compensable if work-aggravated; medical evidence is key.
Refusal of treatment without good reason can reduce or bar benefits.
Psychological injury stemming from a violent accident may be compensable if medically established and work-connected.

19) Documentation checklist (for seafarers)

Passport/Seaman’s Book, POEA-SEC, CBA (if any), deployment records.
Accident report, witness statements, photos/videos.
All medical records (ship, port, home country), diagnostics, prescriptions, rehab logs.
Pay slips and proof of basic wage.
Communications proving reporting within 3 days, requests for third doctor, and any denial from the employer.
Civil registry documents for dependents (death claims).

20) Practical tips & litigation strategy

Act fast: observe the 3-day report and keep a paper trail.
Pin down the assessment date: Ask the CDP for a clear, written, final assessment. Silence or cryptic notes can trigger deemed PTD later.
Trigger third-doctor early if there’s a conflict; propose names; document employer inaction.
Compute both ways: (a) per actual grade, and (b) per deemed PTD if deadlines were missed.
Don’t overlook EC/SSS filings; they can provide ongoing medical and pension support.
Check CBA—it often multiplies recoveries and may provide a friendlier medical review process.
Preserve devices (phones/GoPros/CCTV snippets) and download ECDIS/VDR extracts when relevant to the accident mechanics.
Be careful with social media; posts showing strenuous activities during treatment are commonly used to dispute disability.

21) FAQs

Q: Can I claim both SSS/EC and POEA-SEC benefits? Yes. They arise from different legal bases. Coordination avoids duplication in medical reimbursements.

Q: Is negligence required? No. Contractual disability/death benefits are no-fault. Negligence becomes relevant only for civil damages beyond the contract.

Q: What if my contract says arbitration abroad? Raise the more-beneficial-to-worker principle, public policy favoring OFWs’ access to Philippine fora, and the joint liability of the local manning agency. Outcomes are text- and case-specific.

Q: When does the 3-year clock start? Usually when the employer unjustly denies or fails to pay the correct benefit, or upon final assessment/expiry of the 120/240-day window—whichever concretely ripens the cause of action.

Q: Are benefits taxable? Death benefits are generally non-taxable; disability benefits are typically excluded when they arise from injuries or sickness. For border cases, seek tax advice.

22) Bottom line

For a Filipino seafarer injured in a work accident, the winning trifecta is (1) meet procedural triggers (3-day report; cooperate with CDP; enforce the third-doctor clause), (2) lock in the assessment timeline (120/240-day rule), and (3) maximize under the more favorable of POEA-SEC and any CBA, while layering EC/SSS where available. Proper documentation and timing often make the difference between a partial award and permanent total disability recovery.

This article provides general information for the Philippine context and is not a substitute for advice on a specific case or CBA. For a live dispute, have counsel review your exact contract version, medical records, and timelines.