Process Flow Chart for the Monetary Claims of the Family of an OFW who died in KSA.
Road Traffic Accident (RTA)?
- The family of the deceased has the right to claim for payment of bloodmoney from the KSA’s motor insurance or from the party who had caused the accident. In our records for RTA cases, the standard amount for bloodmoney from Road Traffic Accident is 250,000 Saudi Arabian Riyals (if the victim is an expatriate) and 300 SAR if the victim is a Saudi.
This process requires court hearings and judge’s final decision. Thus this requires constant follow-up in the DFA – OUMWA Manila, the Philippine Embassy in Riyadh or the Philippine Consulate in Jeddah.
- If the deceased is not undocumented, not an absconder and was working under his sponsor at the time of death, then the sponsor must pay all his monetary obligations to the deceased worker’s family. The monetary obligatons of the employer include the End of Service Benefits (ESB), Unused vacation pay and unpaid salary.
The Philippine Embassy in Riyadh or The Philippine Consulate in Jeddah, and the Ministry of Labor will only provide the No Objection Certificates (NOC) for the repatriation of remains if the sponsor declares and pay all their monetary obligatoins to the family of victim.
note: the domestic workers are not covered by the Saudi Labor Law (Rights for ESB and Vacation with Pay).
Work Related Accident?
- If the death was caused by a work related accident, GOSI-OHB (Government Organization for Social Insurance – Occupational Hazard Branch).will pay to the deceased worker’s family a lump sum compensation equivalent to 84 months. It is calculated on the basis of the benefit, which he was supposed to receive up to a maximum of S.R. 330,000. It is equally distributed among the family members. GOSI-OHB will also take charge of the expenses of the repatriation of worker’s remains.
note: the domestic workers are not covered by GOSI.
First Contract from the Philippines?
- If at the time of death, the worker was working within his first 2-year contract (new hire from the Philippines) ;then he is covered by RA10022 – Compulsory Insurance
The insurance policy shall cover the Accidental death benefit, with at least Fifteen thousand United States dollars (US$10,000.00) payable to the migrant worker’s beneficiaries;
The insurance provider shall arrange and pay for the repatriation or return of the worker’s remains. The insurance provider shall also render any assistance necessary in the transport including, but not limited to, locating a local licensed funeral home, mortuary or direct disposition facility to prepare the body for transport, completing all documentation, obtaining legal clearances, procuring consular services, providing necessary casket or air transport container, as well as transporting the remains including retrieval from site of death and delivery to the receiving funeral home
- If at the time of death, the worker was an OWWA member
His Family must receive 200,000PhP in case of death due to accident, or 100,000 PhP benefit in case of death due to natural cause.
On top of the death benefit, a burial assistance of 20,000Php shall be received by his family for the funeral expenses.
In memory of the 14 OFW who died in Hofuf Road Traffic Accident last November 16, 2015 and my cousin OFW Joseph Ryan Balamon who also died due to Road Traffic Accident last November 23, 2015 in Yanbu, KSA. May They All Rest in Peace!
Our sincere condolences to their families
Drafted by Abu Bakr Espiritu
As posted in facebook.com/PatnubayOnline
Date: December 3, 2015
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