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A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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ACT NO. 1874
ACT NO. 1874 - AN ACT TO EXTEND AND
REGULATE THE RESPONSIBILITY OF EMPLOYERS FOR PERSONAL INJURIES AND
DEATHS SUFFERED BY THEIR EMPLOYEES WHILE AT WORK
Section 1. If personal injury is cased to an employee, who,
at the time of the injury, is in the exercise of due care, by reason of
—
First, a defect in the condition of the ways, works, or machinery
connected with or used in the business of the employer, which arose
from, or had not been discovered or remedied in consequence of, the
negligence of the employer or of a person in his service who had been
entrusted by him with the duty of seeing that the ways, works, or
machinery were in proper condition; or
Second, the negligence of a person in the service of the employer who
was entrusted with and was exercising superintendence and whose sole or
principal duty was that of superintendence, or, in the absence of such
superintendent, of a person acting as superintendent with the authority
or consent of such employer; or
Third, the negligence of a person in the service of the employer who
was in charge or control of a signal, switch, locomotive engine, or
train upon a railroad; the employee, or his legal representatives,
shall, subject to the provisions of this Act, have the same rights to
compensation and of action against the employer as if he had not been
an employee, nor in the service, nor engaged in the work, of the
employer.
A car which is in use by, or which is in possession of, a railroad
corporation shall be considered as part of the ways, works, or
machinery of the corporation which uses or has it in possession, within
the meaning of clause one of this section, whether it is owned by such
corporation or by some other company or person. One or more cars which
are in motion, whether attached to an engine or not, shall constitute a
train within the meaning of clause three of this section, and whoever,
as part of his duty for the time being, physically controls or directs
the movements of a signal, switch, locomotive engine, or train shall be
deemed to be a person in charge or control of a signal, switch,
locomotive engine, or train within the meaning of said clause.
Sec. 2. If, as the result of the negligence of the
employer or that of a person for whose negligence the employer is
liable under the provisions of section one, an employee is killed or
dies by reason of injuries received, his widow, or legal heirs, or next
of kin who at the time of his death were dependent upon his wages for
support, shall have a right of action for damages against the employer.
Sec. 3. If, under the provisions of this Act,
damages are awarded for the death, they shall be assessed with
reference to the degree of culpability of the employer or of the person
for whose negligence the employer is liable.
The amount of damages which may be awarded in an action under the
provisions of section one for a personal injury to an employee, in
which no damages for his death are awarded under the provisions of
section two, shall not exceed two thousand pesos.
The amount of damages which may be awarded in such action, if damages
for his death are awarded under the provisions of section two, shall
not be less than five hundred pesos nor more than two thousand five
hundred pesos for both the injury and the death.
Sec. 4. No action for damages for injuries or
death under this Act shall be maintained if a report thereof is not
furnished to the employer within ninety days of the date, place, and
cause of the injury or if the action is not brought within one year
from the time of the accident causing the injury or death. The report
required by this section shall be made in writing and signed by the
person injured or by another in his name, or if, on account of physical
or mental disability, it is impossible for the person injured to give
the notice within the time provided by this section, the same may be
given within ten days after such disability shall have been removed,
and in case of death without said report having been given and without
the person having for ten days at any time after the period above
mentioned been able to give such notice, the widow, legal heirs, or
next of kin dependent upon his wages for support, may give such notice
within thirty days following the death of the laborer. No report given
under the provisions of this Act shall be considered void or
insufficient by reason only of some inaccuracy as regards the date,
place, or cause of the injury, if there was no intention to mislead or
the employer has not been misled by reason of such inaccuracy.
Sec. 5. All actions for damages which may be
brought under this Act shall have preference over all other matters
save and except criminal cases and habeas corpus matters on the dockets
of the Courts of First Instance, and shall be promptly tried by the
court and decided within fifteen days after final submission of the
case to the court for decision.
On application to the court by the party injured or by his duly
authorized representatives, the court may make a proper allowance for
food and medical attendance during the pendency of the action and while
medical attendance is still necessary by reason of the injury:
Provided, However, That the defendant in the action shall be given an
opportunity to be heard before any such allowance is made.
Sec. 6. If an employer enters into a contract,
written or verbal, with an independent contractor to do part of such
employer's work, or if such contractor enters into a contract with a
subcontractor to do all or any part of the work comprised in such
contractor's contract with the employer, such contract or subcontract
shall not bar the liability of the employer for injuries to the
employees of such contractor or subcontractor caused by any defect in
the condition of the ways, works machinery, or plant, if they are the
property of the employer or are furnished by him and if such defect
arose or had not been discovered or remedied through the negligence of
the employer or of some person entrusted by him with the duty of seeing
that they were in proper condition.
Sec. 7. An employer who shall have contributed to
an insurance fund created and maintained for the mutual purpose of
indemnifying an employee for personal injuries for which compensation
may be recovered under the provisions of this Act or who shall have
contributed to any relief society for the same purpose may prove in
mitigation of the damages recoverable by an employee under the
provisions of this Act such proportion of the pecuniary benefit which
has been received by such employee from any fund or society on account
of such contribution of said employer as the contribution of such
employer to such fund or society bears to the whole contribution
thereto.
Sec. 8. An employee or his legal representatives
shall not be entitled under the provisions of this Act to any right of
action for damages against his employer if such employee knew of the
defect or negligence which caused the injury and failed within a
reasonable time to give or cause to be given information thereof to the
employer or to some person superior to himself in the service of the
employer who was entrusted with general superintendence.
Sec. 9. This Act shall not be applicable to
domestic servants or agricultural laborers.
Sec. 10. Any agreement to renounce the benefits of
this Act made by the laborer prior to the occurrence of any accident
resulting in his injury or death shall be null and void.
Sec. 11. This Act shall take effect on its
passage.
ENACTED, June 19, 1908.
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