This article explains, in practical and legally grounded terms, what an overseas Filipino seafarer (OFW seafarer) can claim and how to assert those claims when injured abroad—whether on board a vessel, during shore leave, or while in transit for work. It synthesizes the governing contract (the POEA/DMW Standard Employment Contract for Seafarers), key labor statutes, international standards, and leading doctrines from Philippine jurisprudence.

1) The Legal Architecture (What Laws Apply)

Contract: The POEA/DMW Standard Employment Contract for Seafarers (POEA-SEC) is part of every Philippine-seafarer employment contract. It is mandatory and sets minimum terms on wages, medical care, sickness allowance, disability grading, death and burial benefits, repatriation, and dispute resolution.
Labor & Migrant Worker Laws:
- The Labor Code (money claims; prescription periods; NLRC jurisdiction).
- The Migrant Workers and Overseas Filipinos Act (as amended; standards for recruitment/manning agencies; joint and solidary liability).
International Standards:
- The Maritime Labour Convention, 2006 (MLC 2006) (shipowner obligations on medical care, shipboard conditions, repatriation).
- Flag-state and port-state rules may add duties or remedies; these do not reduce minimum POEA-SEC protections.
Collective Bargaining Agreements (CBA): If a CBA applies (e.g., ITF/IBF CBAs), its benefits supplement and may exceed POEA-SEC minimums.
Insurance:
- P&I (Protection & Indemnity) coverage of the shipowner/manning side typically funds medical care, repatriation, and negotiated settlements.
- Compulsory OFW insurance (for agency-hired workers) may cover disability/death; check your policy booklet—CBAs sometimes make separate provision.

2) When Is an Injury “Compensable”?

Under the POEA-SEC, an injury or illness is generally compensable if it is work-related, i.e., arising out of and in the course of employment. Practical guideposts:

On board or in the service of the ship: Accidents while performing duties, during drills, or in authorized shipboard areas.
Shore leave/port work: Still compensable if reasonably connected to service requirements (e.g., line-handling, stores loading, sanctioned shore tasks).
Transit (joining vessel/repatriation travel): Typically covered when arranged by the employer.
Pre-existing conditions aggravated by work: Often compensable if the job contributed to, aggravated, or accelerated the condition.
Exclusions: Serious misconduct, willful disobedience, intoxication, self-harm, and criminal acts can bar or reduce recovery.

Tip: Document the link between the job and the injury early—incident reports, witness statements, and photographs matter.

3) Core Benefits & Monetary Claims

A. Medical Care (“Cure”) and Repatriation

Immediate treatment at the place of injury at employer/shipowner expense.
Repatriation for further care when medically indicated.
Post-repatriation treatment by the company-designated physician (CDP) until maximum medical improvement (MMI).

B. Sickness Allowance (Wage Replacement)

Basic wage (not allowances) while under treatment, up to 120 days from sign-off, and in some cases extendable up to 240 days depending on medical justification and ongoing treatment.

C. Disability Compensation

The POEA-SEC has a Schedule of Disabilities (Grades 1–14).
- Grade 1 corresponds to total and permanent disability (maximum award under the schedule).
- Lower grades reflect proportionate compensation.
Key doctrine on timing: If the CDP fails to issue a final, definite assessment of fitness or disability within 120 days (extendable to 240 with sufficient justification), the disability may be deemed total and permanent under Philippine jurisprudence.
Conflict of medical opinions? The “third-doctor rule” applies: if the seafarer’s chosen physician and the CDP disagree, the parties should jointly select a third doctor whose opinion is binding under the POEA-SEC procedure.

D. Death and Burial (for Heirs)

Death benefit: A fixed USD amount under the POEA-SEC (minimum), plus additional sums under any applicable CBA.
Burial expense benefit: A fixed USD amount.
Children’s allowance: Additional per-child benefit up to a specified maximum number of children (check contract/CBA).

Note on Amounts: The exact USD figures and formulas (death, burial, disability grades, per-child benefits) are in your contract version (e.g., 2010 POEA-SEC) and/or CBA, which may provide higher sums.

E. Damages and Attorney’s Fees

Moral/exemplary damages may be awarded for bad-faith denial or oppressive conduct.
Attorney’s fees (typically 10% of the monetary award) may be granted when the seafarer is compelled to litigate to recover what is due.

4) The Medical Process (How Assessments Drive the Payout)

Report & Record the accident immediately to the Master/officer. Obtain or take copies of the Accident/Incident Report.
Initial Care Abroad: Go to the designated clinic/hospital; keep all records and receipts.
Repatriation & Company-Designated Physician (CDP):
- Attend CDP check-ups, therapy, diagnostics.
- Keep your own copies: diagnostic tests, prescriptions, fit-to-work (FTW) or disability assessments.
120/240-Day Rule:
- Within 120 days from sign-off, the CDP should issue a definite FTW or disability grading.
- If treatment justifies more time, the period can extend up to 240 days.
- Absent a definite assessment within the permissible period, disability can be deemed total and permanent.
Second Opinion & Third-Doctor Rule:
- You may consult your own doctor; if there’s a conflict, invoke the third-doctor mechanism in writing.

5) Employer/Manning Agency Liability (Who You Can Sue)

The foreign principal/shipowner and the Philippine manning agency are generally jointly and solidarily liable for claims under the POEA-SEC.
This means the seafarer can claim the full amount from either, leaving them to sort out reimbursement between themselves.

6) Venue, Forum, and Choice-of-Law (Where and How to File)

Labor Money Claims → NLRC
- File before the Labor Arbiter of the National Labor Relations Commission (NLRC) (often NCR, where many agencies are based).
- Proceedings are summary in nature, focused on documentary and medical proof.
Civil/Tort Claims vs. Third Parties
- If a third-party tortfeasor (e.g., port service contractor, driver in a road accident abroad) caused the injury, a separate civil action may be filed.
- Evaluate jurisdiction, forum non conveniens, and enforceability of judgments/settlements.
Foreign Choice-of-Law/Forum Clauses
- Clauses diverting disputes abroad or excluding POEA-SEC minimums are often disfavored when they derogate Philippine public policy and mandatory protections.
- Philippine tribunals frequently retain jurisdiction over OFW money claims notwithstanding such clauses.

7) Evidence Checklist (What You Should Gather)

Seafarer’s Employment Contract + POEA-SEC version attached to it.
CBA (if any), with disability table/death benefits.
Accident/Incident Report and witness statements.
Medical records abroad, repatriation documents, invoices/receipts.
Company-Designated Physician reports; fit-to-work or final assessment.
Your independent doctor’s findings; diagnostics (X-ray, MRI, lab results).
Payslips (for computing sickness allowance), POEA processing papers, seaman’s book entries.
Photos/videos of the accident scene or equipment (if available).
Correspondence with agency/shipowner/insurers.

8) Computation Basics (How Amounts Are Typically Calculated)

Sickness Allowance:
- Basic wage × number of compensable days (up to 120, possibly up to 240 with proper medical justification).
Disability Pay:
- Disability Grade (1–14) × corresponding amount in the POEA-SEC schedule (or higher CBA amount).
- If deemed total and permanent (e.g., no definite assessment within 120/240 days), the maximum schedule amount (or higher CBA figure) may apply.
Death/Burial/Children’s Allowance:
- Fixed USD amounts under POEA-SEC, plus CBA increments if any.
Damages/Attorney’s Fees:
- Discretionary, based on proof of bad faith and litigation necessity.

Always cross-check your contract/CBA because figures and formulas can differ by version and flag.

9) Timelines, Deadlines, and Prescription

Money claims arising from employment (wages, benefits, disability, death) must generally be filed within three (3) years from accrual of the cause of action.
Tort claims (e.g., negligence of a third party) typically prescribe in four (4) years from injury.
Do not rely on internal appeals or negotiations to stop prescription—filing a case tolls the clock.

10) Interaction with the MLC 2006 and Flag-State Rules

The MLC 2006 obliges shipowners to ensure medical care at no cost, maintenance and cure, and repatriation.
Flag-state (where the ship is registered) rules may mandate additional protections or processes; these supplement Philippine minimums and cannot dilute them.

11) Strategy & Practical Tips (What Wins Cases)

Act fast and document early. Timely incident reporting and medical consultation build credibility.
Mind the 120/240-day rule. Keep a personal timeline. If there’s no definite assessment from the CDP within the allowed period, raise the issue promptly.
Use the third-doctor mechanism when medical opinions conflict—invoke it in writing.
Leverage CBA rights. If covered, CBAs often increase benefits and may define better disability scales.
Be consistent with medical history. Address any pre-existing conditions and explain aggravation at work.
Consider parallel remedies. NLRC for contract benefits; separate civil action for third-party negligence if tactically sound.
Compute carefully. Align dates, basic wage, and grade; attach the math to your position paper.
Negotiate smartly. P&I Clubs often prefer structured settlements; use your documented case strength to improve offers.
Protect prescription. File before you negotiate if deadlines loom.

12) Typical Scenarios

Crush injury during mooring: Compensable; strong causation to ship service; likely higher grade depending on residual function.
Slip on gangway in port waters: Usually compensable; keep port authority report and photos.
Vehicle accident during employer-arranged transit: Generally covered; get police report and travel orders.
Stroke/heart event on board: Assess work-aggravation; prompt diagnostics essential.
Back injury from repetitive lifting: Establish ergonomic hazards; therapy records and MRI crucial.

13) Step-By-Step Claim Roadmap

Immediately report the accident and seek medical attention.
Secure evidence (reports, witness details, photos).
On repatriation, attend CDP treatment; calendar the 120/240-day checkpoints.
If needed, get your own doctor’s full opinion; trigger the third-doctor process if there’s a conflict.
Compute claims (sickness allowance, disability/death, burial, CBA increments).
Send a formal demand to the agency/shipowner with supporting documents.
If not resolved, file at the NLRC (labor money claims). Consider a separate tort case for third-party negligence.
Pursue settlement or litigate, mindful of timelines and evidence gaps.

14) Frequently Asked Questions

Q1: I was injured abroad but the company says it happened on shore leave, not work. Am I covered? A: Often yes, if the activity was reasonably connected to ship service (authorized tasks, required movement to/from the ship, or employer-arranged transit). Facts and documents will decide it.

Q2: The company doctor kept extending my therapy without a final grade. What now? A: If there is no definite assessment within 120 days (extendable to 240 with adequate medical justification), you may claim total and permanent disability. Put this on record and assert it at the NLRC if needed.

Q3: The company doctor gave a low disability grade but my own specialist says I’m unfit for sea duty. A: Invoke the third-doctor process in writing. The third doctor’s decision (properly obtained) is binding under the contract procedure.

Q4: Can I claim pain and suffering? A: Moral/exemplary damages can be awarded for bad-faith denial or oppressive acts. Attach clear proof (e.g., arbitrary withholding of benefits).

Q5: Are CBA benefits automatic? A: Only if a CBA actually covers your vessel/rank during your contract period. Ask the agency for the specific CBA text and table of benefits.

15) Clean Document Pack (What Your Lawyer Will Want)

Signed Employment Contract + POEA-SEC annex, CBA (if any)
Accident Report, statements of shipmates, photos/CCTV (if any)
All medical records from abroad and Philippines; CDP reports; your doctor’s report
Fit-to-Work/Final Assessment (or proof of none within 120/240 days)
Payslips; proof of wage rate/basic wage; sea service records
Correspondence with agency/shipowner/P&I; any settlement offers

16) Bottom Line

Philippine law and the POEA-SEC give injured OFW seafarers robust, minimum, and non-waivable protections—medical care, sickness allowance, disability compensation, and, when warranted, damages—enforceable in the Philippines against the local manning agent and foreign principal under joint and solidary liability. The 120/240-day rule, the third-doctor mechanism, and any CBA enhancements often decide the value and success of a claim. Move quickly, document thoroughly, and use both contractual and statutory levers to secure the full measure of your rights.

This article is general guidance and not a substitute for tailored legal advice. For a specific case, consult a Philippine lawyer experienced in maritime/OFW claims and bring the documents listed above.