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Basic labor rights

01
Medical Needs
Workers may be confronted with different problems during different stages of an occupational accident. For instance: Are the symptoms occupational accident-related? What are the debilitating symptoms? Is the progression of the condition consistent with the typical recovery rate? Expectations for the disease and return to work? These problems mostly require medical expertise, particularly when workers do not receive appropriate treatment in the early stages of an occupational accident, which may adversely affect their recovery process. Consequently, businesses are advised to proactively understand and care about the medical conditions of their workers and provide them with the necessary medical assistance.

Furthermore, with workers’ consent, businesses can accompany them to the hospital and ask doctors to assess the stability of their medical conditions and determine a suitable time for returning to work. By clarifying factors affecting workers’ return to work, businesses can prioritize necessary actions to ensure the occupational safety and health of their employees.
02
Occupational Injury and Sick Leave
  • According to Article 6 of the “Regulations of Leave-Taking of Workers”: “In the event of disability, injury, or sickness on account of an occupational accident, a worker shall be entitled to occupational injury and sick leave during the period of medical treatment or recuperation”. During the treatment, recuperation, and rehabilitation period following an occupational accident, businesses are legally obligated to grant workers occupational injury and sick leave. In addition, during occupational injury and sick leave, the employer is not allowed to terminate the employment contract. The workers’ inability to work during the 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.
  • According to Article 88 of the "Labor Occupational Accident Insurance and Protection Act": "Before the occupational accident is determined, the worker concerned may request for ordinary sick leave first. When the said ordinary sick leave expires, the employer shall regard the worker as on leave without pay and give the said worker occupational sick leave once the occupational accident is determined". Workers injured in occupational accidents may take occupational injury and sick leave during treatment and recovery. If the accident is not immediately ruled an occupational accident for some reason, the workers may first take regular sick leave. After the regular sick leave expires, they may apply for leave without pay. If the accident is subsequently confirmed as an occupational accident, the employers should change it to occupational injury and sick leave.
  • If businesses or workers injured in occupational accidents have return to work and job placement needs, they should approach "approved medical institutions" or "approved occupational rehabilitation institutions", where professional service personnel will help them determine a suitable recovery period and prepare for return to work.

Occupational accident insurance benefits

01
Medical Benefits
  • Workers (the insured) who experienced occupational accidents during the policy period and require outpatient treatment or hospitalization as stipulated by 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”, should seek medical care at contracted hospitals or clinics under the National Health Insurance. They are exempt from paying the portion of medical expenses specified by the National Health Insurance regulations and are entitled to subsidies for meal expenses for up to 30 days of hospitalization due to occupational injuries and diseases. The insurance medical expenses of the insured are covered by the Bureau of Labor Insurance. Besides complying with relevant National Health Insurance regulations, the standards for medical expense benefits are limited to those specified in the "Labor Occupational Accident Insurance Medical Care Benefit Item and Payment Standards".
  • As of May 1, 2022, the insured seeking medical treatment for occupational injuries and diseases, as deemed necessary by physicians at hospitals or clinics contracted under the National Health Insurance, may choose special materials listed under Article 45-1 of the National Health Insurance Act, which require an out-of-pocket payment. After the out-of-pocket expenses are made, the insured can apply for reimbursement of the difference from the Bureau of Labor Insurance.
02
Injury and Disease Benefits (include care assistance)
  • Injury and disease benefits: If the insured is unable to work due to occupational injuries and diseases and thus cannot receive their regular salary, they can apply for occupational accident insurance disability benefits starting from the 4th day of being unable to work, provided they are undergoing outpatient treatment or hospitalization. Occupational accident injury and disease benefits are given from the 4th day of being unable to work until the day before returning to work. For the first 60 days, the benefits are paid based on the insured's average daily salary for the 6 months before the month of the insurance incident. If the period exceeds 60 days, the benefits are paid at 70% of the average daily insured salary. The total duration of these benefits is limited to 2 years.
  • Care assistance: When the insured is hospitalized for occupational injuries and diseases, and is receiving injury and disease benefits under the Labor Occupational Accident Insurance and Protection Act for the same injury or disease, they may also apply for care assistance while being hospitalized if the physician determines that care is necessary during hospitalization. Care assistance during hospitalization is provided from the start of the hospitalization period, during which the insured is eligible for occupational injury and disease benefits at NTD1,200 per day until discharge. However, if the insured is admitted to an intensive care or isolation ward, the period is not covered by the assistance.
03
Disability Benefits
When workers experience an occupational injury or contract an occupational disease, and after treatment, their symptoms remain unchanged even with further treatment. After being diagnosed by a hospital or clinic contracted under the National Health Insurance as a permanent disability according to the criteria specified in the Standards for Disability Benefits of Labor Occupational Accident Insurance, they may collect a one-time lump-sum disability payment based on their average monthly insured salary. Furthermore, if their disabilities meet the criteria for total permanent disability, severe disability, or partial disability, they may apply for disability pension. (If the insured already had labor insurance coverage prior to the implementation of the labor insurance pension on January 1, 2009, and are assessed as having permanent incapacity for work, meeting the criteria for disability pension, they are entitled to collect disability pension. Moreover, they may also choose to collect a one-time lump-sum disability payment.)
04
Death Benefits

Applies to the insured who succumb to their occupational injuries and diseases during the insurance coverage period.

  • Funeral allowance: This is a one-time lump-sum payment equivalent to 5 months of the insured's average monthly insured salary. If there are no surviving dependents, the funeral allowance is paid once, equivalent to 10 months of the insured person's average monthly insured salary. This is collected by the person who paid for the funeral.
  • Survivor's pension: This is paid at half of the average monthly insured salary for the 6 months preceding the insured's death, starting from the month of death. Additional payment for survivors: For each additional survivor, an extra 10% is paid, up to 20%.
  • Survivor's allowance and one-time payment: This is paid once, equivalent to 40 months of the average monthly insured salary for the 6 months preceding the insured person's death, starting from the month of death.
05
Disappearance Benefits
Starting from the day of disappearance, disappearance benefits are paid at 70% of the insured's average monthly insured salary. Payments are made at the end of 3-month cycles until the day before the insured is found alive, the day before one year has passed since the disappearance, or the day before a death declaration is issued. When the insured has been missing for one year or when a death declaration is issued, they are eligible for death benefits.

Return to work allowance

  • ITEMS 1
    Occupational Rehabilitation Allowance
    Responsible unit：Rehabilitation administrative assistance contact of various county and city governments

    The insured who underwent occupational rehabilitation at medical institutions approved for providing occupational injuries and diseases outpatient services under Article 73 of the"Labor Occupational Accident Insurance and Protection Act" or at occupational rehabilitation professional institutions approved under Article 66 of the same Act may apply for occupational rehabilitation allowances from the competent authorities of municipalities or counties (cities).

    Subsidy standards

    According to the number of days completed in the reinforcement training as stated in the certificate of completion, the subsidy is calculated at 60 of the insured salary corresponding to the first level in the insured salary classification table, divided by 30, and paid daily up to 180 days.

    Required documents
    • Application form
    • A photocopy of the cover of the applicant’s passbook
    • Other documents specified by other local competent authorities
    • Certificate of Completion of Reinforcement Training issued by an approved medical institution or approved occupational rehabilitation professional institution
  • ITEMS 2
    Subsidy for Assistive Facilities
    Responsible unit：Rehabilitation administrative assistance contact of various county and city governments

    Employers should provide necessary assistive facilities for occupational accident workers, including tools, work environment, equipment, and machinery that can restore, maintain, or enhance their employment capabilities per Article 67 of the "Labor Occupational Accident Insurance and Protection Act". Employers may apply for subsidies for assistive facilities from the competent authorities of municipalities or counties (cities).

    Subsidy standards

    The total amount of subsidies for each worker involved in the same occupational accident is limited to NTD100,000.

    Required documents
    • Application form
    • Proof of employment of occupational accident workers
    • On-site visit agreement
    • Photos of assistive facilities before and after improvement
    • Invoices or receipts as proof of expenditure on assistive facilities
    • Declaration of not receiving subsidies in accordance with the Disability Rights Protection Law
    • Return to work plan or assessment report issued by an approved occupational rehabilitation professional institution per Article 66 of the "Labor Occupational Accident Insurance and Protection Act".
    • Other documents specified by other local competent authorities
  • ITEMS 3
    Hiring Assistance for Businesses
    Responsible unit：Rehabilitation administrative assistance contact of various county and city governments

    Businesses that assist occupational accident workers, meet the disability criteria under Article 43 of the "Labor Occupational Accident Insurance and Protection Act", and are capable of working, by returning them to their original jobs, adjusting their duties, or placing them in suitable positions, and continue to employ them for at least 6 months, or hire workers who meet the said criteria from other businesses and continue to employ them for at least 6 months, may apply for employment subsidies from the competent authorities of municipalities or counties (cities). (The subsidy is limited to a maximum of 12 months for the same occupational accident.)

    Subsidy standards

    Occupational accident workers hired by the original business: Based on the disability level of occupational accident workers, each worker will receive a subsidy calculated at 30 to 50 of their average monthly insured salary for the 6 months after their return to work. Occupational accident workers hired by the new business: Based on the disability level of occupational accident workers, each worker will receive a subsidy calculated at 50 to 70 of their average monthly insured salary for the 6 months after their return to work.

    Required documents
    • Application form
    • Proof of issuance for disability benefits due to occupational accidents
    • Proof of occupational accident insurance
    • Other documents specified by other local competent authorities
    • Employment roster and payroll register documenting employee working hours, as well as attendance records
    • Proof of returning occupational accident workers to their original position, adjusting their jobs, or providing them with adequate job placement
    • A photocopy of the worker’s National Identification Card or other identification documents
    • Declaration that the worker hired is not the spouse or a relative within 3 degrees of kinship to the business owner