DOLE Guidelines 4.2.2

BOOK THREE
CONDITIONS OF EMPLOYMENT

HEALTH, SAFETY AND SOCIAL WELFARE BENEFITS


Title II
EMPLOYEES' COMPENSATION AND STATE INSURANCE FUND

Chapter II
COVERAGE AND LIABILITY

Art. 168. Compulsory coverage.
Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over sixty (60) years of age: Provided, That an employee who is over (60) years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be subject to compulsory coverage.

Art. 169. Foreign employment.
The Commission shall ensure adequate coverage of Filipino employees employed abroad, subject to regulations as it may prescribe.

Art. 170. Effective date of coverage.
Compulsory coverage of the employer during the affectivity of this Title shall take effect on the first day of his operation, and that of the employee, on the date of his employment.

Art. 171. Registration.
Each employer and his employees shall register with the System in accordance with its regulations.

Art. 172. Limitation of liability.
The State Insurance Fund shall be liable for compensation to the employee or his dependents, except when the disability or death was occasioned by the employee's intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title.

Art. 173. Extent of liability.
Unless otherwise provided, the liability of the State Insurance Fund under this Title shall be exclusive and in place of all other liabilities of the employer to the employee, his dependents or anyone otherwise entitled to receive damages on behalf of the employee or his dependents. The payment of compensation under this Title shall not bar the recovery of benefits as provided for in Section 699 of the Revised Administrative Code, Republic Act Numbered Eleven hundred sixty-one, as amended, Republic Act Numbered Forty-eight hundred sixty-four as amended, and other laws whose benefits are administered by the System or by other agencies of the government. (As amended by Presidential Decree No. 1921).

Art. 174. Liability of third party/ies.
When the disability or death is caused by circumstances creating a legal liability against a third party, the disabled employee or the dependents, in case of his death, shall be paid by the System under this Title. In case benefit is paid under this Title, the System shall be subrogated to the rights of the disabled employee or the dependents, in case of his death, in accordance with the general law.

Where the System recovers from such third party damages in excess of those paid or allowed under this Title, such excess shall be delivered to the disabled employee or other persons entitled thereto, after deducting the cost of proceedings and expenses of the System.

Art. 175. Deprivation of the benefits.
Except as otherwise provided under this Title, no contract, regulation or device whatsoever shall operate to deprive the employee or his dependents of any part of the income benefits and medical or related services granted under this Title. Existing medical services being provided by the employer shall be maintained and continued to be enjoyed by their employees.



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