Participate in occupational accident insurance

The "Labor Occupational Accident Insurance and Protection Act" has expanded the scope of mandatory coverage, requiring all workers aged 15 and above hired by employers in possession of professional licenses, legal registration, and taxation registration, or employment permit issued by the central competent authority to be included as mandatory insured individuals. The workers’ employers are responsible for applying for insurance coverage on their behalf. Considering changes in employment patterns, the Labor Occupational Accident Insurance and Protection Act has introduced a special additional coverage system to protect the work and life security of atypical workers. The system allows workers, personnel engaged in labor, and child laborers employed by natural persons to participate in occupational accident insurance through a simplified insurance coverage process for short-term or temporary work. Employers are reminded to take out occupational accident insurance for their employees as required by law. (Applicable subjects of occupational accident insurance)

Assist in reporting occupational accidents

Upon learning and confirming that workers have experienced (suspected) occupational injuries, the business must engage inBusiness occupational accident reportingbusiness occupational accident reporting according to the law. If the workers have occupational accident-related service needs, they can also report them through the "Occupational Disease and Injury Reporting System". Thereafter, professional service personnel from the county or city government will provide them with the necessary assistance. Also, if workers contract (suspected) occupational diseases, the employer should assist them in seeking medical attention at an occupational medicine outpatient clinic, where physicians can help to evaluate and diagnose their conditions.

Assist in applying for occupational accident insurance benefits and related subsidy allowances

When workers experience occupational injuries and diseases, their employers should inform them about their labor rights and assist occupational accident workers in applying to the Bureau of Labor Insurance for medical, injury and disease, disability, death, and disappearance benefits. Furthermore, if occupational accident workers require "Subsidy Allowances for occupational accident workers" or "Return to Work Subsidy Allowances", employers can provide them with relevant information according to their eligibility and apply to the central or local competent authorities.

Provide workers with occupational injury and sick leave

Workers who are maimed, injured, or have fallen ill due to occupational accidents should be granted occupational injury and sick leave during their treatment and recuperation period. In addition, employers should compensate employees at their original wage rate if they are unable to work during medical treatment. The workers’ inability to work during occupational injury and sick leave cannot be construed as unwillingness to work, hence it should not be considered absenteeism and should not have an impact on the distribution of year-end performance bonuses or opportunities for salary advancement.

Occupational accident compensation

When workers are killed, maimed, injured, or fall ill due to occupational accidents, the workers or their families can seek 4 types of occupational accident compensation including medical, wage, disability, or death compensation from the employers based on the severity of the workers’ conditions (Article 59 of the “Labor Standards Act”). However, if the employer has already paid the relevant compensation for the same incident per the Labor Insurance Act or other regulations, the amount may be deducted from the compensation owed.

• Medical compensation: Refers to the medical expenses that should be reimbursed by the employers when their workers are injured or contract occupational diseases.
• Wage compensation: When workers cannot work while receiving medical treatment due to injuries or occupational diseases, employers must compensate them at their original wage rate.
• Disability compensation: After the treatment of occupational accident workers is completed, if they are confirmed to have become disabled, the employers must compensate them based on their average wage and the degree of disability.
• Death compensation: When workers die due to occupational injuries or diseases, the employers must provide them with funeral expenses equivalent to 5 months of their average wage and compensation equal to 40 months of their average wage.

Joint and retention liability

When a business recruits or contracts workers for its business operations, if subcontracting is involved, the subcontractor or intermediary subcontractor, as well as the final contractor, will be jointly liable with the employer as defined in this chapter for the occupational accident compensation owed to the workers employed in various subcontracts. When a business, contractor, or intermediary subcontractor provides the abovementioned disaster compensation, they may seek reimbursement from the final contractor for the portion they have compensated.

When a business recruits or contracts workers for its business operations, it will be jointly liable with the contractor for the occupational accident compensation owed to the workers employed in the contract. The same applies to subcontractors. The abovementioned business or contractor has the right to seek reimbursement from the employer of occupational accident workers for the portion of the compensation they have provided. The standards for occupational accident compensation in the preceding two paragraphs must comply with the provisions of the Labor Standards Act. For the same incident, the amount that has already been paid by the employer according to the Act or other regulations may be deducted.

If workers who stayed with the business after restructuring or transfer suffer from physical or mental disabilities, or lose part or all of their working capacity due to an occupational accident, their original rights and benefits under the law or labor contract will remain binding on the new employer.