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Had a stroke while working and was separated from the company

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shirt_32


Arresto Menor
Good day,
Im in dire need for help. I was a call center agent in one of the biggest (bank/financial institution) call center company here in the phil. everything was going great until I had a minor stroke.
before the stroke, I was working with the company for almost 2 years (started in March2009, then last Oct2010 i had my first transient ischemic attack (TIA), after 4 days in the hospital, I was given 2 weeks of bed rest and was able to go back to work, but a second attack happened on Jan 2011, same thing, bed rest and a fit to work after a month. Until the third attack happened (mild stroke) last March of 2011.
I was not able to return to work immediately since right half of my body was paralyzed, can't speak clearly. after 9 mos of rehab and rest, I was still unable to go back to work. so we filled for permanent disability (insurance company) and submitted the documents to the proper department.
Our company kept on telling us that they will update us, but weeks/months passed an we never heard from them, we sent them numerous emails asking for an update, but only received the same reply. until March of 2012 I was advised to see a Gov’t physician and have them fill out the document they provided. on the letter the Neuro from PGH stated that I was no longer fit to work since I had residual effect and needed further rehabilitation. when we submitted the document to the company they stated that they will get in touch again. April came and we had a meeting, during the meeting our HRBP handed me a piece of paper stating that they were terminating due to non-fit to work and stated they will be giving me a separation pay, we asked about the insurance claim that we filled, and he verbally informed us that it was denied since I can still be rehabilitated. I got tired of the run around and finally decided to sign the document in which my last day would be on August 2012, when my final pay came, they check was only for 2,600 only they even deducted the headset since I left it on my station during emergency and eventually got lost, I asked why but the hr personnel could not explain the details and did not sign the quit claim.
I then decide to file for an ec claim hoping that some of my medical expenses and medicines will be reimbursed, I requested for a pre employment certificate last Nov 2012, but as usual I got the same response and just went around in circles. So I went to DOLE and filled for assistance.
My questions are:
-do I have a case?
-Can I still claim my insurance?
-Am I still be able to get the documents that we requested?
-What are my chances here?

Sorry for the long message, I just wanted to give you guys more information to avoid redundancy

Hoping for your assistance on this one. Thank you
Elaine

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tsi ming choi


Reclusion Perpetua
Check if you are:

1. really insured
2. your company pays the premium to the insurance company
3. and the peril insured against.(insured against accident, death, disability, etc.)

If ALL of the above are present, then you have a good case. If one is missing, then you cannot claim for insurance BUT you can file a claim against your Employer/company.

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attyLLL


moderator
at the minimum, you should be able to claim from SSS and the ECC. if you were covered by insurance, then that too.

you could be terminated, but with due process and imo, separation pay.


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