Can I Seek Legal Help from PAO if a Workplace Injury Settlement Fails?
Dear Attorney,
Good morning. I had an unfortunate incident where I slipped at the entrance of the building where I work. My department head is currently facilitating a settlement for my injury, but I am concerned that no resolution will be reached. As I am currently out of funds due to the expenses incurred during my recovery at home, I cannot afford to hire a private lawyer. I would like to know if I can seek help from the Public Attorney’s Office (PAO) in case the settlement does not materialize.
Thank you for your guidance.
Insights
In the event that a workplace injury settlement fails, employees who cannot afford a private lawyer may seek assistance from the Public Attorney’s Office (PAO), provided that they meet certain qualifications. PAO services are available to indigent individuals, which generally includes those who earn a modest income and do not have sufficient means to pay for legal representation.
To qualify, you will need to provide proof of your financial status. In your case, given that you have used up your savings for recovery, you might fall within the PAO's definition of an indigent client. The PAO assists with cases involving labor disputes, including those related to workplace injuries, and can help you in pursuing legal remedies if a settlement is not reached.
It is also worth noting that if your injury occurred due to negligence by your employer or the building management, you may have grounds to file a claim under Philippine labor laws. Workplace injuries may give rise to compensation claims, depending on the circumstances of the accident, including whether it occurred within the course of your employment.
Should the settlement fail and your eligibility for PAO is established, PAO lawyers can assist in filing a legal claim. You may also consider reporting the incident to the Department of Labor and Employment (DOLE), as they can provide additional support and guidance in workplace-related cases. In such situations, it’s important to gather and keep documentation of the incident, such as medical reports and any communication regarding the settlement process.
Make sure to pursue your case within a reasonable time, as there are deadlines (prescriptive periods) for filing legal claims related to workplace accidents.