The Injury Settlement Agreement is a critical legal document used in the Philippine jurisdiction to resolve claims arising from personal injuries, whether occurring in workplace settings or other contexts. This document serves as a formal resolution mechanism, combining elements of both civil and labor law depending on the circumstances of the injury. It's particularly important in the Philippine legal context, where such settlements must comply with specific provisions of the Civil Code (Republic Act No. 386) and, when work-related, the Labor Code (Presidential Decree No. 442). The agreement typically includes comprehensive details about the incident, injuries sustained, compensation agreed upon, and complete releases of liability. It's designed to protect both parties' interests while ensuring the settlement's enforceability under Philippine law, often requiring notarization for additional validity.
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1. Parties: Identification of the parties: the injured party (releasor) and the paying party (releasee), including complete legal names and addresses
2. Background: Description of the incident causing the injury, date, location, and circumstances leading to the settlement
3. Definitions: Key terms used in the agreement including 'Incident', 'Injury', 'Settlement Amount', and 'Effective Date'
4. Settlement Payment: Detailed description of the settlement amount, payment terms, method, and timeline
5. Release and Discharge: Complete release of claims related to the incident, including future claims and unknown injuries
6. No Admission of Liability: Statement that the settlement does not constitute an admission of fault or liability
7. Tax Matters: Responsibilities for tax payments and compliance with Philippine tax laws regarding settlement payments
8. Confidentiality: Terms regarding confidentiality of the settlement and exceptions as required by law
9. Entire Agreement: Statement that this document represents the complete agreement between parties
10. Governing Law: Specification that the agreement is governed by Philippine law
11. Execution: Signature blocks, notarization requirements, and execution date
1. Medical Treatment: Include when there are ongoing medical treatments or future medical needs to be covered
2. Employment Status: Required when the injury is work-related, addressing continued employment or separation
3. Insurance Claims: Include when insurance companies are involved in the settlement
4. Non-Disparagement: Optional clause preventing parties from making negative statements about each other
5. Return to Work: Include for work-related injuries where the employee will return to work
6. Medicare/Health Insurance: Include when there are implications for health insurance or government benefits
7. Revocation Period: Optional cooling-off period during which the injured party can revoke acceptance
1. Schedule A - Medical Records: List of relevant medical records and reports documenting the injury
2. Schedule B - Expense Documentation: Itemized list of medical expenses, lost wages, and other damages being compensated
3. Schedule C - Payment Schedule: If payment is in installments, detailed payment schedule with dates and amounts
4. Schedule D - Release Details: Specific details of claims being released, including any known complications or ongoing issues
5. Schedule E - Medical Certificates: Copies of medical certificates and prognosis reports from treating physicians
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