Last week, we discussed the basic information about the Employees’ Compensation Program or ECP. Most private employees are not aware that there is an ECP that works like insurance for employees and workers that is why we decided to feature this topic.
Today, we will continue with more information such as who can be identified as beneficiaries of an employee under the ECP and how to file EC claims. All these information are lifted from the ecc.gov.ph website.
- In case an employee dies, who shall receive the income benefits to which he is entitled to?
Benefit recipients are the employee’s beneficiaries.
- Who are the employee’s beneficiaries?
The beneficiaries shall be either primary or secondary and determined at the time of the employee’s death.
The following beneficiaries shall be considered primary:
- The legitimate spouse living with the employee at the time of the employee’s death until he remarries; and
- Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided he is incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.
The following beneficiaries shall be considered secondary:
- The legitimate parents wholly dependent upon the employee for regular support;
- The legitimate descendants and illegitimate children who are unmarried, not gainfully employed, not over 21 years of age, or over 21 years of age provided he in incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.
Primary beneficiaries shall have a priority claim to death benefits over secondary beneficiaries. Whenever there are primary beneficiaries, no death benefit shall be paid to his secondary beneficiaries.
- When shall EC claims be filed?
EC claims must be filed within the period of three years from:
- In case of sickness, from the time the employee was unable to report for work;
- In case of injury, from the time of the incident;
- In case of death, from the date of death.
The filing of disability or death benefits either under the SSS law or the GSIS law within three years from the time the cause of action accrued would stop the running of the prescriptive period.
- Where are EC claims filed?
All EC claims may be filed by the claimant at his option in the GSIS regional office (for employees in the public sector) or SSS branch (for employees in the private sector), nearest to his place of work or residence.
As employees, especially those in the private sector, must make sure that the employer is regularly paying the employee’s EC contributions. This is the best way to ensure that you can claim from the ECC later on.