Maria Del O.

Dimanahan

A migrant worker has already claimed the $7,500 insurance proceeds for permanent total
disability but he was subsequently involved in an accident and unfortunately died due to the fault
and negligence of the hospital doctors. Can the heirs of the migrant worker can still claim the
$15,000 insurance proceeds for the accidental death of the migrant worker?

No. Under the Guideline VII, Sec. 1: INSURANCE GUIDELINES ON RULE XVI OF THE
OMNIBUS RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT 8042, as
amended by RA 10022, the Medical Benefits shall covered only the accidental death when it is
work related.

In the case at bar, the death of the worker was not work related. The heirs of the migrant worker
cannot claim the $15,000 insurance proceeds for the accidental death because the death caused
by the negligence of the hospital doctors. Negligence is the failure, on the part of the person
causing the injury, to use the reasonable amount of care that is required in a particular situation.
The insurance company shall not be held liable but the hospital shall be primarily liable for his
death.

Hospitals are corporations that are either public or private entities. In the context of medical
malpractice actions, hospitals can be held directly liable for their own negligence, and can also
be held "vicariously" liable for the negligence of their employees. Vicarious liability means a
party is held responsible not for its own negligence, but for the negligence of another.