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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Work Accident no Benifits or Benifits claim

Work Accident no Benifits or Benifits claim

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nickaceph


Arresto Menor

Hi, Please help,

My wife just got a job just this april, 2012 in detail


  1. its an Agency
  2. the agency send her to a candy factory in malabon.
  3. agency require a sss no to be hired, since this is the first time she will work she got SSSno and so it said she is hired.
  4. SSS no contribution yet, as she only is working ther for 3 day when the accedent happens.
  5. we dont know if SSS is being deducted by the candy factory or by agency as she does not yet have her first salary.
  6. agency said employee have an insurance but since she dont have the first salary then the agency said the insurance is not yet in effect.
  7. the salary is only 200 a day, working from 7am(6:30am need to be their) out by 6pm. with a 15min break 3 times in a day in a certain interval.
  8. excess to 8hours is not consired OT.
  9. she said there is a mandatory OT, this OT starts at 6PM to 10PM which is she did not go through in here days in the company
  10. as with here first 2 days she said to me that machine is brokedown and old a few times a day in which they need to make use to and try to operate.
  11. train only a day to operate the defective machine.


now what happen is she start friday, work by saturday, work on monday, then on tuesday, the machine stop and as she is pulling the plastic for the candy her hands,


  1. the right hand thumb gets a deep cut and the other 2 have cuts and scratches due to the machine. gladly she is able to stop the machine or it would be cut thoroughly.
  2. she is taken to MCU and have the doctor clean the wound, Xray for fracture. bandage the thumb. she will not be able to use that hand until it healed and it must not be wet to heal and must be clean.
  3. she have been given a mefenamic for the pain and another drug for the healing.
  4. additionaly she have been given an extra small bandage, small hydrogen peroxide and betadine for cleaning.
  5. company paid for it, and said its about 2K.
  6. the company said she could rest until she is fit to work with her hands. they said she could go home and thats it.


by last monday she goes to agency that when she found out the ff

  1. SSS is not yet paid as she is new
  2. She have insurance but not in effect yet as she does not yet have her first salary.
  3. they said that the two days wednesday and thurday a week ago is paid (just like she is on leave something) and she can get her week salary this saturday.


then the other day

  1. she went to SSS and ask if she have any chance of benifit even if she has no contribution yet as she is a new SSS member. the clerk their she can claim benifits so they gave her a form for the company and the doctor at MCU to fill up.
  2. now she went to the doctor but she is not scheduled their on that date
  3. then she when to the company for the form to be fill up, the company refuses to fill up the form. and said she is paid the other two days while she is on leave.
  4. now they said she is paid the other 2day but she needs to go to work and do clearical work only like stamping document, they just need the attendance, at this point here hand is still aching until now.


sorry its long but i know its needed for you to understand the whole context of the situation.

now the question is

  1. I dont fully trust the guy that said to my wife she can claim SSS without contribution yet. can you please confirm this? I cannot fully understand or find rules on this in docs of SSS online.
  2. can we claim anything to the agency about the said insurance because as such, when you start working the insurance should be in effect even if you just start unless it is not filed yet.?
  3. labor in DOLE labor code I cannot also understand some technical terms about this isssue in the online pages.
  4. What are the chances that we could claim benifits to agency, SSS, or the company as now she is even NOT capable of doing some basic thing as this is the right hand. even just for the recovery and daily expense.
  5. we just asking for the accident benifit and for her, or any legal rule that DOLE and SSS is imposed. do we have any right for this claims?
  6. if we have any claims for SSS and DOLE rules and they did not act. do we have any legal ground to file a claim case or something and to where?


please help any advice
Thank you so much

Nick Ace

attyLLL


moderator

ask the HR to arrange for SSS claim, even better if you go to the sss office nearest the factory to inquire and fill up forms.

she can also go the employment compensation commission because she can also claim there.

https://www.facebook.com/BPOEmployeeAdvocate/

nickaceph


Arresto Menor

My wife got a form from SSS for the Doctor and the company HR to fill up but the company refuses to fillup the form and, they said she should get to work even when she injured and cannot proerly used. the right hand.

I said to her do not go to work until you have that hand healed.

I dont know abount employment compensation commission as i read throug the site doc, it is stated that claim should go through SSS.

as they refuse to fill the SSS claim form. what step should we take on this incident?


Please Additional info. Thanks



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