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After an occupational accident takes place, regardless of the severity of its impact, it will increase social costs besides causing losses to the workers and their families. The “occupational accident prevention and rehabilitation service” is an essential process for returning to work after an occupational accident has taken place. To help workers understand their rights and how to cope with the topic of occupational accidents, the Center provides the following simple steps to teach you how to respond to an occupational accident.

If you have any questions, please contact the Center at (02) 8522-9366, ext.2711.

What is an occupational accident

According to Article 2-5 of the Occupational Safety and Health Act, an “occupational accident” refers to “any diseases, injuries, disabilities, or deaths of workers caused by buildings, machinery, equipment, raw materials, materials, chemicals, gases, vapors, dust, etc., at the place of duty, as a result of work activities, or due to other occupational causes.” The term "occupational cause" as referred to is defined according to Article 6 of the “Enforcement Rules of the Occupational Safety and Health Act”: “All necessary behaviors and the accompanying behaviors at work that have relative cause and effect relations resulting from job activities”.

According to Article 4-1 of the “Regulations of the Examination of Injuries and Diseases Resulting from the Performance of Duties by the Insured Persons of the Labor Occupational Accident Insurance”, “commuting occupational injuries” refer to “injuries caused to the insured person by accidents occurring while he/she is on and off duty, at the proper time, on the way of round trips from his/her regular address or residence to the workplace, or on the way between workplaces if he/she is performing 2 or more job duties concurrently. Such injuries shall be defined as occupational injuries.” In other words, injuries caused to the insured person by accidents occurring while he/she is on and off duty, at the proper time, on the way of round trips from his/her regular address or residence to the workplace, or on the way between workplaces, except in cases of personal behavior or as stipulated in Article 17 of the “Regulations of the Examination of Injuries and Diseases Resulting from the Performance of Duties by the Insured Persons of the Labor Occupational Accident Insurance”, are considered occupational injuries (each case should still be determined based on facts).

Steps for handling occupational accidents

In the unfortunate event of an occupational accident, besides seeking emergency medical treatment, workers should notify employers as soon as possible so that they can provide the necessary assistance and conduct "business occupational accident reporting". If workers have specific service needs, they can utilize the "Occupational Disease and Injury Reporting System" to let professional occupational accident service personnel from the competent authorities of the municipality or county (city) engage in early intervention and provide assistance such as occupational rehabilitation, return to work evaluations, and access to labor and social welfare resources.

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    STEP 1
    Seek immediate medical attention
    When an occupational accident occurs, actively inform the employer or unit supervisor of important information such as the date time of the occupational accident, and the circumstances under which it happened. Furthermore, seek medical treatment as an occupational accident victim and retain the necessary records or receipts.
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    STEP 2
    Report the occupational accident
    • After an occupational accident occurs at the workplace of a business, the employer must immediately take necessary first aid and rescue measures, and report the accident to labor inspection agencies within 8 hours according to Article 37 of the Occupational Safety and Health Act.
    • If workers require rehabilitation-related assistance, they can submit their request through the “Occupational Disease and Injury Reporting System”, and occupational accident professional service personnel will proactively assist them.
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    STEP 3
    Recognition of an occupational injury / occupational disease
    To apply for recognition of an occupational injury/occupational disease, you can first seek evaluation and diagnosis from an occupational physician at a designated hospital (approved medical institution) for occupational injury and disease treatment or an occupational medicine outpatient clinic affiliated with a network hospital.
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    STEP 4
    Understand your rights
    You can actively understand the rights related to workers of occupational accidents or do so through your company. These rights include occupational injury and sick leave, return to work assistance, occupational accident benefits, or subsidy allowances. If you have any questions, contact the Center or relevant professional service personnel.
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    STEP 5
    Apply for occupational accident benefits
    Apply for occupational accident medical, injury, disease, disability, death, or missing person benefits from the Bureau of Labor Insurance, Ministry of Labor. In particular, it is advised to apply for injury and disease benefits on a monthly basis.
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    STEP 6
    Medical treatment
    As the body gradually recovers, apart from obeying medical treatment and interventions, a return to work and job placement evaluation should be conducted once the treatment, rest, and rehabilitation conditions are relatively stable. This is to determine the appropriate number of rest days or the timing of job placement.
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    STEP 7
    Prepare for returning to work
    • Continue to collaborate with or regularly partake in medical and rehabilitation services offered by medical institutions.
    • Contact the individual appointed by the employer to explain the status of recovery from occupational injury or disease, as well as the assistance required.
    • Discuss the estimated return to work date with the company and proactively apply for “Return to Work Plan Assistance” from a professional occupational rehabilitation institution approved by the central competent authority.
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    STEP 8
    Proactively collaborate with the execution of the return to work plan
    • Vigorously discuss the return to work schedule with occupational medicine physicians. At the same time, be willing to work with case managers from occupational rehabilitation institutions and the employer to address any issues that arise while executing the return to work plan, as well as comply with the plan.
    • Agree to participate in the return to work meeting and provide occupational rehabilitation institutions, occupational medicine physicians, or relevant professionals with the required skills for the job, as well as inform them of the potential work involved in the future.
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    STEP 9
    Return to work
    Return to work successfully through the "Return to Work Plan" and job placement by the employer. If problems are encountered while returning to work and additional professional services are required, seek assistance from professional service providers.
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