5) CHRA by HREAP Reviewer. SET II. Labor Code. Book 4 - Health, Safety, and Social Welfare Benefits.

Summary

This script discusses workplace medical requirements and employee benefits under Article 157, detailing the necessity for first aid training, the hiring of medical professionals in non-hazardous workplaces, and the provision of medical services for larger workforces. It also outlines the responsibilities of employers regarding medical personnel and employee compensation in cases of injury, disability, or death, as well as the penalties for fraudulent claims.

Takeaways

• 🆘 Employers are expected to provide first aid training to employees, making it a necessity rather than an option.
• 🏥 In non-hazardous workplaces, employers can hire a graduate first aider instead of a registered nurse to meet medical personnel requirements.
• 🏢 For workplaces with 200-300 employees, a full range of medical benefits including a full-time registered nurse, part-time physician, part-time dentist, and a clinic must be provided.
• 👨‍⚕️ Employers with over 300 employees are required to have a full-time physician on staff.
• ⏱ In hazardous workplaces, full-time physicians are mandated to be present for at least 8 hours.
• 🚫 The role of a full-time physician in an establishment does not include performing elective surgery.
• 🏛️ The Department of Labor and Employment (DOLE) is responsible for setting criteria to ensure medical personnel are properly trained in Industrial Medicine.
• 👪 A married child is not considered a dependent, unlike a legally adopted child, a mentally incapacitated child over 21, or financially dependent parents.
• 🏭 Primary beneficiaries of workplace regulations do not include dependent parents, focusing on dependent spouses and children.
• 🤕 The term 'injury' is used to describe any harmful change in the human organism due to an accident during the course of employment.
• 💼 A semester is defined as two consecutive quarters, which helps in calculating certain employment benefits.
• 💵 The monthly income benefit is calculated as 115% of the average monthly salary credit multiplied by the replacement ratio, plus an additional 1.5% for each year of service over ten years.
• 🛑 State Insurance Fund coverage is compulsory until the age of 60.
• ⚰️ The State Insurance Fund is not liable for compensation in cases of employee death due to suicide, death due to intoxication, or notorious negligence.
• 💼 Employers' obligation to pay monthly contributions ceases at the end of the month when an employee dies, becomes disabled, or is separated from employment.
• 💔 In cases of temporary total disability, the system pays 90% of the employee's average daily salary credit.
• 🔚 For permanent total disability, the system provides a monthly income benefit until the employee's death.
• ⏲️ The monthly income benefit for permanent total disability is suspended if the employee recovers, becomes employed, or fails to present for examination at least once a year.
• 👁️ Disabilities such as complete loss of sight for both eyes, loss of two limbs at or above the ankle or wrist, and permanent complete paralysis of two limbs are considered total and permanent.
• 🤕 For losing a thumb, an employee receives a permanent partial disability benefit for 10 months, for losing an arm for 50 months, and for losing sight in one eye for 25 months.
• 💵 In case of an employee's death, if the death benefit is payable to a minor or incompetent, the system decides who is best qualified to oversee the payment for their benefit.
• ⏰ Employees or their dependants must report sickness, injury, or death to the employer within 5 days of occurrence.
• 🚫 The penalty for committing fraud, falsification, or collusion to claim a benefit includes imprisonment for 6 months to one year.

Q & A

Are employers required to train a sufficient number of employees in first aid treatment?

Yes, employers are expected to train a sufficient number of employees in first aid treatment.

What professional can an employer hire instead of a registered nurse if the workplace is not hazardous?

An employer can hire a graduate first aider in place of a registered nurse if the workplace is not hazardous.

What medical benefits are required in the workplace when the number of employees exceeds 200 but does not exceed 300?

Employers are required to provide a full-time registered nurse, a part-time physician, a part-time dentist, or a clinic when the number of employees exceeds 200 but does not exceed 300.

Are employers required to provide the service of a full-time physician when the number of employees exceeds 300?

Yes, employers are required to provide the service of a full-time physician when the number of employees exceeds 300.

How long are full-time physicians required to stay in the establishment in hazardous workplaces?

Full-time physicians are required to stay in the establishment for at least 8 hours in hazardous workplaces.

What task is not a responsibility of an establishment's full-time physician?

Performing elective surgery is not a task of an establishment's full-time physician.

Which government agency is responsible for developing criteria for medical personnel in the field of Industrial Medicine?

The Department of Labor and Employment (DOLE) is responsible for developing criteria for medical personnel to ensure they are properly trained in the field of Industrial Medicine.

Which of the following is not considered a dependent?

A married child is not considered a dependent.

What is the term used to describe any harmful change in the human organism from an accident arising out of and in the course of employment?

The term used to describe any harmful change in the human organism from an accident arising out of and in the course of employment is 'injury'.

What is the penalty for committing fraud, falsification, or collusion to claim a benefit?

The penalty for committing fraud, falsification, or collusion to claim a benefit is imprisonment of 6 months to one year.