Seafarer’s Right to Secure Medical Opinion under Magna Carta of Filipino Seafarers
Seafaring is a profession filled with unique risks, often exposing workers to illnesses or injuries while at sea. To safeguard the welfare of Filipino seafarers, the Magna Carta of Filipino Seafarers (Republic Act No. 12021) was signed into law on September 23, 2024 and took effect on October 11, 2024. Among its many provisions, the law strengthens the right of seafarers to secure fair and independent medical opinions when their health and future livelihood are at stake.
Under Section 22 of RA 12021, seafarers are expressly guaranteed the right to a fair medical assessment in cases of work-related injury or illness. Initially, an injured or ill seafarer is assessed by a company-designated physician, as required under employment contracts. However, recognizing the potential for bias when the doctor is engaged by the employer, the law affirms the seafarer’s right to obtain a second opinion from a physician of their own choice, preferably through Department of Health (DOH)-accredited clinics or licensed physicians. If the findings of the company-designated doctor and the seafarer’s chosen physician conflict, the matter must then be referred to a third doctor, mutually agreed upon by both parties, selected from DOH-accredited clinics or regional/provincial hospitals. Importantly, the assessment of this third doctor is final and binding, and the costs for such referral are not chargeable to the seafarer.
The Implementing Rules and Regulations (IRR) of RA 12021, issued in January 2025, introduced refinements that further protect seafarers. The IRR requires that a request for a third-doctor referral must be filed in writing with the Department of Migrant Workers (DMW) within 30 days from receipt of the seafarer’s private medical findings. It also requires that the third doctor must come from a pool of DOH-accredited specialists trained in maritime disability grading. Furthermore, all medical assessments—whether from the second or third doctor—must strictly adhere to the Schedule of Disabilities under the Standard Employment Contract (SEC) or the applicable Collective Bargaining Agreement (CBA). These provisions ensure consistency, fairness, and medical accuracy in evaluating a seafarer’s condition.
Prior to RA 12021, the right to secure a second and third opinion was recognized only under the POEA Standard Employment Contract and reinforced by jurisprudence. The contract allowed seafarers to consult their own doctor, and if there was a disagreement, both parties could refer the matter to a third physician whose decision would be binding. However, this framework lacked statutory authority and clear procedures, leading to disputes and uneven application. The new law codifies these rights into Philippine legislation, setting firm deadlines, prescribing qualifications for physicians, and mandating government oversight.
The enactment of RA 12021 is a milestone for maritime labor rights. By strengthening the process of medical assessment, it shields seafarers from unfair or premature declarations of fitness to work, balances the interests of workers and employers, and ensures that seafarers have access to objective and competent medical evaluations. For many, this right is not just about legal benefits—it is about receiving the medical care and recognition they deserve after sacrificing health and safety at sea.
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