Liability for Injury of a Hired Household Helper (Kasambahay) in the Philippines

This is a practical, Philippine-specific guide to what happens—legally and financially—when a domestic worker (kasambahay) is injured. It covers statutes, benefits, employer exposure (civil/criminal), procedures, timelines, gray areas, and checklists. It’s written for both employers and helpers. (General information only; not legal advice.)

1) Who counts as a “kasambahay”?

A kasambahay (domestic worker) is anyone engaged to perform work in or for a household—e.g., househelp, nanny/yaya, cook, gardener, laundry person, family driver, and similar roles—within an employment relationship. Occasional contractors (e.g., a once-a-month deep cleaner hired through a service company) aren’t kasambahay; they’re typically employees of the service provider or independent contractors.

Key law: Republic Act No. 10361 (the “Batas Kasambahay”) and its IRR.

2) The legal framework at a glance

Batas Kasambahay (RA 10361): defines rights/obligations; requires a written employment contract; mandates SSS, PhilHealth, and Pag-IBIG coverage; protects minors; prohibits abuse/harassment; sets basic standards on hours/rest, humane treatment, and privacy.
Labor Code (as amended) & PD 626 (Employees’ Compensation): establishes the Employees’ Compensation (EC) Program—a no-fault, work-connected insurance system funded via employer contributions through SSS (private sector).
SSS Law (RA 11199): governs SSS sickness, disability, death benefits (mostly for non-work-related contingencies) and obligates employer registration/remittance.
PhilHealth (RA 7875 as amended by RA 11223 – UHC): hospitalization/medical coverage.
Pag-IBIG (RA 9679): not about injury, but mandatory membership still matters for compliance.
Civil Code & Revised Penal Code: govern damages for negligence (quasi-delict), liability for animals/things, and crimes like physical injuries, abuse, or endangerment.
Child Labor (RA 9231 and related): stricter liability where minors are involved.

3) The big picture: who pays when the helper is injured?

Think in three layers:

Work-connected injuries/illnesses → Employees’ Compensation (EC/ECC)
- No-fault (no need to prove employer negligence).
- Pays medical care, temporary/permanent disability, rehabilitation, and, if applicable, death/funeral benefits.
- Requires SSS/ECC coverage via employer remittances.
Non-work-connected sickness/injury → SSS + PhilHealth
- SSS Sickness Benefit (cash allowance) if eligibility conditions are met; PhilHealth helps with hospital bills.
- Employer must certify forms and cannot obstruct claims.
If employer is at fault (negligence/intent) → Civil & possibly criminal liability
- Separate from (and in addition to) EC/SSS/PhilHealth.
- Covers actual, moral, and exemplary damages, plus attorney’s fees.
- Criminal exposure for abuse, physical injuries, child labor violations, or reckless negligence.

Failure to register and remit to SSS/PhilHealth/Pag-IBIG/ECC does not erase the worker’s right to benefits; it adds employer liability (penalties, damages, and potential prosecution) and can force the employer to shoulder what the funds would have covered.

4) When is an injury “work-connected”?

Generally compensable under EC when the accident/illness arises out of and in the course of employment, such as:

While doing assigned tasks (cleaning, cooking, childcare, gardening, driving on an errand).
Stay-in helpers injured inside the household during work or while performing incidental duties.
On an employer’s errand outside the house (e.g., buying supplies, picking up kids).
Household driver in a road accident while performing driving duties.

Common exclusions under EC (benefits may be denied):

Willful intention to injure/kill self or another.
Intoxication or drug impairment causing the accident.
Notorious negligence (gross, reckless disregard of obvious safety rules).

Gray areas (often fact-dependent):

Commuting for a stay-out helper (usually not covered unless using employer-provided transport or on a direct errand).
Injuries during off-hours for stay-ins (look at proximity to duty, employer control, and whether activity was incidental to work).
Pre-existing conditions aggravated by work (needs medical causation).

5) Employer duties that directly affect liability

Written contract (RA 10361) stating duties, work location(s), rest, wage, board/lodging, leave, and social insurance registration.
Register the helper with SSS, PhilHealth, Pag-IBIG and pay employer shares (including the ECC premium through SSS).
Provide a safe working environment: proper tools, safe appliances, clear instructions, no hazardous assignments (especially for minors), reasonable training/supervision.
Immediate medical attention when an accident happens; cooperate in claims (sign forms, timely notify SSS/ECC).
Respect rights: no abuse/harassment; no unlawful deductions or wage withholding; no retaliation for filing claims.

If the employer fails in these, they risk civil damages, administrative penalties, and criminal consequences—on top of whatever EC/SSS/PhilHealth would otherwise cover.

6) Civil liability (negligence) beyond EC/SSS/PhilHealth

Even if EC pays, an employer can still face a separate civil suit where the helper proves employer fault, such as:

Premises hazards (defective stairs, ungrounded appliances, lack of gas leak detectors) the employer knew or should have known about.
Dangerous assignments outside the role (e.g., asking the helper to clean a high roof without a proper ladder).
Animals: owners/possessors are responsible for damage caused by their animals (e.g., dog bites a helper).
Other household members/guests: if injury stems from foreseeable risks the employer failed to control (e.g., violent household member, unsafe parties).
Vehicle use: if the helper is injured due to employer’s negligent driving or unsafe vehicle maintenance.

Damages can include hospital bills not covered by PhilHealth/EC, lost income, pain/suffering (moral), and punitive (exemplary) damages in egregious cases.

7) Criminal exposure

Physical injuries, abuse, maltreatment, or coercion may constitute crimes under the Revised Penal Code and specific statutes (e.g., provisions in the Batas Kasambahay protecting domestic workers from abuse/harassment).
Child labor violations (employing a child below 15, or assigning hazardous tasks to 15–17-year-olds) carry strict penalties—and any resulting injury is treated harshly by law.
Reckless imprudence causing serious injuries may be prosecuted.

8) Benefits and who provides them

A) Employees’ Compensation (work-connected) — via SSS/ECC

Medical services & supplies, rehabilitation, temporary total disability (TTD) income, permanent partial/total disability (PPD/PTD) pensions, death & funeral benefits.
Filing deadlines and medical proof are critical.

B) SSS (non-work-connected)

Sickness benefit (cash allowance for days unable to work, subject to contribution/eligibility and timely employer notice).
Disability benefits (partial/total) where applicable.
Death & funeral benefits for qualified beneficiaries.

C) PhilHealth

Inpatient/outpatient case rates to offset hospital/clinic bills (work- or non-work-related).

Employers must certify and cooperate; obstruction or refusal can itself lead to liability.

9) Typical scenarios and likely outcomes

Helper slips on a wet kitchen floor while cooking and fractures a wrist.
- EC claim (work-connected): medical + TTD; PhilHealth offsets bills.
- If the floor was wet due to leaking appliance the employer ignored, a civil damages claim may also prosper.
Family dog bites the helper while feeding it.
- EC (work-connected) likely; owner’s liability for animals supports civil damages if negligence (e.g., known aggressive dog, no muzzle/training).
Household driver crashes while on a grocery run.
- EC (work-connected); third-party claims against the negligent motorist (if any).
- Employer motor policy may or may not cover the helper—many policies exclude employees unless a personal-accident/guest-passenger rider exists.
Stay-out helper is injured in a jeepney on the way to work.
- Usually not EC-compensable (ordinary commute), but SSS sickness (if unable to work) and PhilHealth may help; the helper may claim against the jeepney operator/insurer.
Minor helper (16) told to clean exterior second-floor windows, falls.
- Likely criminal, civil, and administrative liability (hazardous task to a minor), on top of EC.
Helper suffers a stroke at night while stay-in.
- Fact-intensive: if medical evidence supports significant work-risk contribution, EC may apply; otherwise SSS/PhilHealth route. Employer still must render aid and cooperate.

10) Procedures & timelines (quick guide)

Immediately after an accident

Get medical care; keep records (ER notes, diagnosis, receipts, photos).
Record date/time, place, what happened, witnesses.
Employer: notify SSS/EC as required; assist with forms.

Filing

EC claims: file with SSS (private sector) with medical proofs; timeliness matters (generally measured in years, but don’t delay).
SSS sickness (non-work): employee informs employer within 5 days of sickness/ confinement; employer endorses claim to SSS promptly.
Civil claims: generally 4 years from injury for quasi-delict (tort).
Labor money claims (e.g., unpaid wages/benefits): generally 3 years.

Dispute avenues

Barangay/Kasambahay Desk (especially for relationship/contract issues).
SEnA (Single-Entry Approach) at DOLE for quick conciliation.
NLRC (monetary claims/illegal dismissal).
Regular courts for tort (damages) and criminal cases.
SSS/ECC decisions are appealable within the system.

11) Special notes & edge cases

Contract clauses waiving statutory benefits or injury claims are void.
“No work, no pay”: time off due to injury/illness is typically unpaid unless covered by SSS/EC or service incentive leave (at least 5 days/year after 1 year of service under RA 10361). Many employers grant additional paid convalescence by agreement.
Multiple employers (part-time across households): each must register/remit; EC coverage is not lost because the worker has multiple part-time posts.
Abuse/harassment: RA 10361 expressly protects kasambahay from abuse; victims can pursue criminal and civil remedies, apart from any EC/SSS benefits.
Insurance add-ons: Some households buy personal-accident coverage for helpers; useful but cannot replace statutory programs.
Pets/chemicals/appliances: simple safety steps (muzzles/training, labeling/locking chemicals, GFCI/grounded plugs, ladder safety) materially reduce risk and employer exposure.

12) Compliance & risk-reduction checklists

For employers

☐ Use a written contract (job scope, rest days, wage, board/lodging, multi-site work if any).
☐ Register the helper with SSS, PhilHealth, Pag-IBIG; remit on time (includes ECC).
☐ Orient on house rules and safe methods (gas, electricity, chemicals, ladders, pets, pool).
☐ Provide fit-for-purpose tools (stable ladder, PPE like gloves).
☐ Keep appliances maintained; fix hazards promptly.
☐ Cooperate with EC/SSS/PhilHealth filings; keep copies of submitted forms/receipts.
☐ Never assign hazardous tasks to minors; verify age lawfully.

For helpers

☐ Keep copies of your contract and government IDs.
☐ Verify you’re registered with SSS/PhilHealth/Pag-IBIG (ask for your numbers).
☐ Report hazards early; ask for proper tools or help for risky tasks.
☐ After an accident, seek treatment, document everything, and file promptly.
☐ Don’t sign waivers/quitclaims without legal advice.

13) Quick FAQ

Is the employer automatically liable for any injury? No. Work-connected injuries are primarily handled through EC (no-fault). Employer fault (negligence/intent) is a separate path for damages.

What if the employer never remitted contributions? The worker’s benefit rights remain; the employer faces penalties and may need to shoulder the benefits and damages that the funds would have paid.

Can a helper sue for damages even after getting EC benefits? Yes—if the employer was negligent or abusive, a separate civil (and possibly criminal) case may be pursued.

Are commuting accidents covered? Generally no, unless on an employer’s errand or using employer-provided transport or special circumstances apply.

Can the employer dismiss a helper who got injured? Not lawfully because of the injury. Termination for disease requires strict medical standards and due process; retaliation for claims is unlawful.

14) Model clauses you can add to your contract (optional)

Safety & Training: “Employer will provide safe tools, appliances in good repair, and necessary training for assigned tasks. Helper may refuse unusually hazardous tasks and must report hazards promptly.”
Medical & Incident Reporting: “Parties will cooperate in seeking immediate medical attention and in completing SSS/EC/PhilHealth documents within statutory timeframes.”
Insurance (optional add-on): “Without reducing statutory benefits, Employer maintains personal-accident insurance for the Helper.”

Bottom line

For injuries to a kasambahay, EC/SSS/PhilHealth handle the financial lifeline; civil and criminal law address fault and misconduct. Employers who register, remit, equip, and supervise safely drastically reduce both accidents and liability. Helpers who know their rights and document promptly maximize protection.