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Question FINANCIAL CLAIMS/ASSISTANCE FOR WORK-RELATED ACCIDENTS

  • MENDEL ASTRO W. MANADAO
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2 years 1 month ago #9470 by MENDEL ASTRO W. MANADAO
MENDEL ASTRO W. MANADAO created the topic: FINANCIAL CLAIMS/ASSISTANCE FOR WORK-RELATED ACCIDENTS
Sir/Ma'am:

Good day!

One of my co-employee, was performing his official duty, a driver of a garbage-collecting dump truck was involved in a work-related accident. After delivering a load of garbage out from the city public market, he was driving the truck back to the motor pool. While on his way back to the motor pool, the tailgate of the truck suddenly opened (because the mechanical lack of the tailgate is defective) and slammed to a motorcycle rider who happened to be driving at the other side of the road and is severely injured. The victim is now at the hospital being treated. The family of the victim is now obligating the employee, the truck driver to answer for all the hospital bills and medication expenses.

Is the employee, driver of the truck entitled for any financial claims or assistance from the LGU where he is employed?

Thank you very much!

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2 years 1 month ago #9484 by Action Officer 23
Action Officer 23 replied the topic: FINANCIAL CLAIMS/ASSISTANCE FOR WORK-RELATED ACCIDENTS
Good day Sir:

Please be informed that as a policy, the Commission does not render opinions/rulings on issues that may eventually be the subject of a complaint or appeal before it. This is especially so if the material facts necessary to a judicious adjudication of the issues are not fully presented or substantiated as in this case. Nevertheless, we will cite the pertinent provision/s under the Civil Service rules and applicable jurisprudence that will best answer your query/ies.

Section 39, Chapter 9, Book I of Executive Order No. 292 (Administrative Code of 1987) provides, as follows:

SECTION 39. Liability of Subordinate Officers. —No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors.

We hope to have been of service to you.

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