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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).
 

 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 report the incident through the "business occupational accident reporting" system. 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.

What are occupational injuries and diseases?

What are occupational injuries and diseases?

They refer to immediate injuries sustained by workers in the line of duty, determined based on factual circumstances. For instance, if Xiaoxi's finger gets caught in a machine while working in a factory, resulting in a severed finger, this constitutes an occupational injury.


Occupational diseases

This refers to diseases caused by prolonged exposure to certain risk factors in the line of duty. These conditions must be evaluated and diagnosed by an "occupational physician". Diseases that are caused by exposure to chemical, physical, biological, ergonomic, and other risk factors at the workplace. For example, if Xiaolan, who has been working in a high-noise environment for an extended period, eventually suffers hearing loss, it is likely to be considered an occupational disease.


Five criteria for the diagnosis of occupational diseases

The determination of occupational diseases must meet all of the following 5 criteria: the disease must have a confirmed medical diagnosis; the presence of disease-causing factors related to the job must be established; the reasonableness of the job-related disease-causing factors must be evaluated; it must be determined whether the disease is primarily caused by occupational factors; other non-occupational factors causing the disease must be ruled out.

Click on the card to view examples
  • ITEMS 1
    Evidence of disease

    There should be objective clinical manifestations of the disease. The available data should include past medical history, medical records, and examinations.

    Reference example

    Xiaohong, who engages in manual labor, consistently experiences left shoulder pain after work. After examination, she is diagnosed

  • ITEMS 2
    Evidence of occupational exposure

    This refers to the correlation between a disease and exposure to substances. It confirms whether there is exposure in the workplace to chemical, physical, biological, ergonomic, or socio and psychological hazards.

    Reference example

    After diagnosing Xiaohong with left shoulder rotator cuff syndrome, investigations or workplace visits confirm that the load on her hands and shoulders while working has reached the reference standard for occupational exposure.

  • ITEMS 3
    Meet the requirements for temporality or time sequence

    This refers to the temporal relationship where a disease only manifests itself after a period of working in a particular job, despite the absence of the disease in the past (exposure precedes disease onset).

    Reference example

    Xiaoming has been exposed to formaldehyde since he started working in the manufacturing industry in 2001. He continued working until 2006 when he was diagnosed with leukemia, with a work history that spanned 5 years. This complies with the temporality or time sequence, as it meets the minimum exposure period of formaldehyde - which is 6 months - and the disease induction period of 2-5 years (i.e., leukemia caused by formaldehyde exposure typically manifests itself after 2-5 years). Consequently, it meets the criteria for temporality or time sequence.

  • ITEMS 4
    Evidence consistent with what is known in epidemiology

    Epidemiological evidence indicates a significant correlation between the disease and occupational exposure.

    Reference example

    According to a cohort study (an epidemiological research method) conducted by the National Cancer Institute of the United States, involving 25,619 workers exposed to formaldehyde, it was discovered that the relative risk of leukemia increased with higher concentrations of formaldehyde exposure.

  • ITEMS 5
    Rule out other potential causative factors

    In addition to the above-mentioned factors, other non-occupational factors are also considered to determine whether the disease is caused by occupational factors.

  • ITEMS 1
    Evidence of disease

    There should be objective clinical manifestations of the disease. The available data should include past medical history, medical records, and examinations.

  • ITEMS 1
    Reference example

    Xiaohong, who engages in manual labor, consistently experiences left shoulder pain after work. After examination, she is diagnosed

  • ITEMS 2
    Evidence of occupational exposure

    This refers to the correlation between a disease and exposure to substances. It confirms whether there is exposure in the workplace to chemical, physical, biological, ergonomic, or socio and psychological hazards.

  • ITEMS 2
    Reference example

    After diagnosing Xiaohong with left shoulder rotator cuff syndrome, investigations or workplace visits confirm that the load on her hands and shoulders while working has reached the reference standard for occupational exposure.

  • ITEMS 3
    Meet the requirements for temporality or time sequence

    This refers to the temporal relationship where a disease only manifests itself after a period of working in a particular job, despite the absence of the disease in the past (exposure precedes disease onset).

  • ITEMS 3
    Reference example

    Xiaoming has been exposed to formaldehyde since he started working in the manufacturing industry in 2001. He continued working until 2006 when he was diagnosed with leukemia, with a work history that spanned 5 years. This complies with the temporality or time sequence, as it meets the minimum exposure period of formaldehyde - which is 6 months - and the disease induction period of 2-5 years (i.e., leukemia caused by formaldehyde exposure typically manifests itself after 2-5 years). Consequently, it meets the criteria for temporality or time sequence.

  • ITEMS 4
    Evidence consistent with what is known in epidemiology

    Epidemiological evidence indicates a significant correlation between the disease and occupational exposure.

  • ITEMS 4
    Reference example

    According to a cohort study (an epidemiological research method) conducted by the National Cancer Institute of the United States, involving 25,619 workers exposed to formaldehyde, it was discovered that the relative risk of leukemia increased with higher concentrations of formaldehyde exposure.

  • ITEMS 5
    Rule out other potential causative factors

    In addition to the above-mentioned factors, other non-occupational factors are also considered to determine whether the disease is caused by occupational factors.

Introduction of common occupational diseases