In a landmark decision, the High Court has ruled that an employer’s refusal or failure to report a workplace accident cannot stall or deny an injured worker’s statutory compensation.
The judgment addresses long-standing hurdles under the Work Injury Benefits Act (WIBA). Previously, injured workers frequently found their claims stuck in limbo if an uncooperative employer refused to fill out the mandatory injury declaration forms (DOSH 1) or disputed that the accident occurred on their premises.
The court affirmed that once the Directorate of Occupational Safety and Health Services (DOSHS) learns of a workplace injury—from any reliable source, including the worker or a legal representative—it has a mandatory duty under Section 23(1) of WIBA to launch an independent investigation.
An employer’s silence or refusal to fill out injury documentation no longer halts the process. DOSHS is empowered to conduct its own inquiry and recover investigative costs directly from non-compliant employers.
The court confirmed that affected workers facing delays can seek orders of mandamus through judicial review to compel authorities to complete investigations and issue compensation decisions within a strict 90-day window.
The injured worker reports the incident and undergoes medical evaluation via the Directorate of Occupational Safety and Health Services (DOSHS) to determine the degree of permanent disablement.
DOSHS issues a formal compensation award based on earning capacity and percentage of permanent impairment.
If either the employer or employee disputes the finding, an appeal or judicial review can be lodged with the Employment and Labour Relations Court (ELRC).
Once finalized, DOSHS compensation awards can be adopted by the ELRC as formal court decrees, enabling direct execution and recovery against non-paying employers.
Legal experts note that while compensation remains capped based on statutory formulas rather than speculative future earnings, the ruling ensures a guaranteed avenue to relief for permanently disabled workers without being blocked by recalcitrant employers.
