Occupational Accident Labor Protection Act

Date : / 2006/7/24
Title : / Occupational Accident Labor Protection Act

(Promulgated on October 31, 2001)

Chapter 1 General Principals
Article 1 / Occupational Accident Labor Protection Law is established to guarantee the rights of workers involved in occupational accident, to strengthen occupational accidents prevention, and improve work safety and economic development. Matters not provided for herein shall be governed by regulations of other laws.
Article 2 / The competent authorities hereof are: the Council of Labor Affairs of the Executive Yuan at the central government level, the municipal government at the centrally administered municipality level, and the county (city) government at the county (city) level.
Chapter 2 Budget Source, Use, Management and Inspection
Article 3 / The central competent authority shall appropriate funds from the surplus balance of Occupational accident Insurance of the Labor Insurance Fund, to be used to strengthen administration of occupational injury and illness prevention, and compensate workers participating in the labor insurance program who are exposed to occupational accidents. These funds are exempt from Article 67, paragraph 2 of the Labor Insurance Act, and the accounting procedures shall be dealt with separately.
The funds referred to in the above paragraph, apart from the amount appropriated according to budget procedures in one lump sum from the surplus balance of Occupational Accident Insurance of the Labor Insurance Fund, shall be an amount between 40% to 60% of the surplus budget of the previous financial year.
Article 4 / The central competent authority shall draft a budget to compensate workers who have not joined the labor insurance program, but are exposed to occupational accidents. Accounting procedures shall be handled separately.
Imposed fines referred to in Article 33 and Article 34 herein shall be paid into the preceding funds.
Article 5 / Management and assessment of matters concerning income from funds in the two preceding articles shall be administered by the Bureau of Labor Insurance, Council of Labor Affairs, Executive Yuan
Article 6 / If a worker not participating in the labor insurance program who is exposed to an occupational accident, is not compensated by his employer pursuant to the regulations of Labor Standards Law, in accordance with Labor Insurance Act standards, he may apply for the minimum insurance salary level of compensation for occupational accident disablement or death .
The amount of compensation already paid by the employer shall be deducted from the compensation referred to in the preceding paragraph.
An applicant for disability compensation referred to in paragraph 1 who is permanently physically handicapped qualifies for level one to level ten provisions in the standard table of labor insurance disability benefits.
When an employer is paying compensation for an occupational accident pursuant to regulations of Labor Standards Law, compensation referred to in paragraph 1 shall be deducted from this.
Article 7 / If a worker is harmed by an occupational accident, the employer is responsible for severance pay. However, if the employer can prove he is not at fault, he assumes no responsibility.
Article 8 / If an insured person in the labor insurance program is exposed to an occupational accident during the period of insurance coverage and after this Law is enforced, he may apply for the following compensation:
  1. A person who contracts an occupational illness, and has partially or completely lost the capacity to work, after applying for other occupational accident benefits in the labor insurance program, may apply for a living allowance.
  2. A person who, due to an occupational accident, is left handicapped and has partially or completely lost the capacity to work, and qualifies for level one to level seven provisions in the standard table of labor insurance disability benefits, may claim a disability living allowance.
  3. A person who is exposed to an occupational accident while participating in vocational training, who has not claimed a training subsidy or the above two living allowances, may claim a living allowance.
  4. A person who, due to an occupational accident, is permanently physically handicapped and needing to use an assistive device, and has not claimed medical-aids assistance pursuant to other laws, may claim medical-aids assistance.
  5. A person who, due to an occupational accident, has partially or completely lost the capacity to live independently, needs care from other people, and has not claimed relevant compensation pursuant to other laws, may claim nursing subsidy.
  6. The family members of a person who dies due to an occupational accident may claim necessary compensation.
  7. Other relevant occupational accident compensation for workers, which has been approved by the central competent authority.

After termination of labor insurance coverage, an insured person in the labor insurance program, who has been diagnosed by a physician as having contracted an occupational illness, and the type of illness is covered by the insurance at the time, and he has not claimed labor insurance benefits and cannot continue to work, may claim living allowance.
Claims for compensation referred to in items 1, 2 and 5 of paragraph 1; and the preceding paragraph may be made for a combined total of five years maximum.
Conditions, standards, application process and issuance administration of the compensation referred to in items 1 and 2 of the preceding paragraph, are defined by the central competent authority.
Article 9 / A worker participating in the labor insurance program, who is exposed to an occupational accident after this Law is enforced, and qualifies for provisions in any of the items of paragraph 1 of the above Article, may apply for compensation.
Claims for compensation referred to in item 1, 2 and 3 of paragraph 1 of the preceding Article may be made for a combined total of three years maximum.
Conditions, standards, application process and issuance administration of the compensation referred to in the above paragraph, are defined by the central competent authority.
Article 10 / In order to strengthen occupational accident and illness prevention, and rehabilitation of workers who have been exposed to occupational accidents
  1. Occupational Accident research.
  2. Occupational illness prevention.
  3. Training for occupational illness specialists and occupational health nurses.
  4. Improvement of safety and health facilities, establishment of management systems, and promotion of mechanized basic safety systems.
  5. Labor safety and health educational training and dissemination.
  6. Career rebuilding for workers who have been exposed to occupational accident.
  7. Career guidance evaluation for workers who have been exposed to occupational accidents.
  8. Other item related to occupational accidents and illness prevention and career rebuilding.

Conditions, standards, application process and issuance administration of the compensation referred to in the preceding paragraph, are defined by the central competent authority.
Chapter 3 Occupational Illness Certification and Appraisal
Article 11 / A worker who is suspected of having an occupational illness should be diagnosed by a physician. If the worker or employer disputes the diagnosis of the occupational illness, he should submit relevant evidence to the municipality or county (city) competent authority to apply for certification.
Article 12 / In order to certify occupational illnesses, and protect the rights of workers who have contracted an occupational illness, the municipality or county (city) competent authority shall establish an Occupational Illness Certification Committee.
The above Occupational Illness Certification Committee shall apply Articles 14 to 16 inclusive mutatis mutandis to regulations on organization, certification procedures and meetings.
Article 13 / If the municipality or county (city) competent authority has difficulties certifying an occupational illness, and the worker or employer disputes the municipality or county (city) competent authority certification judgment, or when the labor insurance institution which is officially approving the Occupational Illness Certificate deems it necessary, the relevant information must be submitted to the central competent authority to apply for appraisal.
Article 14 / In order for the central competent authority to examine occupational illnesses and protect the rights of workers who have contracted an occupational illness, an Occupational Illness Appraisal Committee shall be established.
The Occupational Illness Appraisal Committee has 13 to 17 members, selected by the central competent authority according to the quota below. One of the committee members is appointed as chairperson.
  1. Two representatives from the central competent authority.
  2. One representative from the Department of Health of the Executive Yuan.
  3. Eight to twelve occupational illness medical specialists .
  4. One occupational safety and health expert .
  5. One legal expert.

The Committee term is two years, and must be reselected after the period expires. Institutional representatives shall resign at the end of the term.
Article 15 / At Occupational Illness Appraisal Committee meetings, more than half the committee members, and more than half the occupational illness medical specialists, shall attend to form a quorum. During meetings, committee members must attend in person. In order to offer relevant information on occupational illness, the Occupational Illness Appraisal Committee, when necessary, may commission relevant medical societies to offer information or send representatives to attend meetings.
When the Occupational Illness Appraisal Committee is in session, depending on the requirements of a case, other experts, relevant personnel or institutional representatives may be invited to attend.
Article 16 / When the central competent authority accepts a case of application for occupational accident appraisal, the relevant documents should be immediately sent to the Occupational Illness Appraisal Committee members, who will make a written review, and if three-quarters of the committee members agree, their decision is passed.
If a decision on the appraisal cannot be reached by the above means, the central competent authority will ask the Occupational Illness Appraisal Committee members to make a second written review, and if two-thirds of the committee members agree, their decision is passed.
If a decision has not been reached after the second written review, the chairperson of the Occupational Illness Appraisal Committee will call a full committee meeting to assess the case. Following a vote by the members in attendance, if more than half the members are in agreement, their decision is passed.
Article 17 / When the Occupational Illness Appraisal Committee deems it necessary, the central competent authority will arrange for the committee members, pursuant to Labor Inspection Law in cooperation with labor inspectors, to inspect a workplace.
Chapter 4 Promoting Employment
Article 18 / After the termination of medical care for a worker who has been exposed to an occupational accident, taking into consideration his desire and capacity to work, the competent authority shall assist his reemployment. A person who lacks a skill shall be advised to participate in vocational training to assist his swift return to the employment market.
Article 19 / A vocational training establishment, which runs a training program referred to in the above Article, should arrange an appropriate schedule of labor safety and health education training courses.
Article 20 / An establishment which employs a worker who has been exposed to an occupational accident, and supplies the necessary assistive facilities for him to work, should apply to the Bureau of Labor Insurance for a subsidy. However, a physically or mentally handicapped person who already claims compensation pursuant to provisions of the Protection Law for the Handicapped and Disabled is not entitled to the above.
Article 21 / The competent authority should reward outstanding establishments which employ workers who have been exposed to an occupational accident.
Chapter 5 Other Protection
Article 22 / After the termination of medical care for a worker who has been exposed to an occupational accident, if the municipality or county (city) competent authority discovers that he may be physically or mentally handicapped, they should inform the local social administration competent authority and ask for assistance.
Article 23 / Unless one of the following situations applies, an employer may not give advance notice of the termination of the work contract of a worker who has been exposed to an occupational accident:
  1. The competent authority is satisfied that the establishment has shut down or is suffering serious losses.
  2. After the termination of medical care for a worker who has been exposed to an occupational accident, a public medical institution certifies that mental derangement or physical disability make him unfit for work.
  3. The competent authority is satisfied that due to natural disaster, a sudden turn of events or other unavoidable circumstances, the establishment can no longer continue to operate.

Article 24 / In any one of the following circumstances, his work contract of a worker who has been exposed to an occupational accident must be terminated:
  1. A public medical institution certifies that mental derangement or physical disability make him unfit for work.
  2. The establishment restructures or changes ownership, causing the establishment to close.
  3. The employer does not follow regulations in Article 27.
  4. The employer is not able to reach an agreement on job placement pursuant to Article 27.

Article 25 / If an employer , pursuant to regulations in Article 23, paragraph 1, item 1 and item 3
Article 26 / When an employer , pursuant to regulations in paragraph 1 of Article 23, gives advance notice of the termination of the work contract of a worker who has been exposed to an occupational accident, the worker must be given notice pursuant to provisions applied mutatis mutandis from Labor Standards Law.
When a worker who has been exposed to an occupational accident terminates his contract, pursuant to regulations referred to in item 1 of Article 24, he must inform his employer pursuant to provisions applied mutatis mutandis from Labor Standards Law.
Article 27 / After the termination of medical care for a worker exposed to an occupational accident, according to his physical health and capabilities, his employer should place him in an appropriate job, and supply the necessary assistive facilities for him to work.
Article 28 / A worker who is employed by an establishment which restructures or changes ownership, and due to exposure to an occupational accident has partially or completely lost the capacity to work, retains his rights under the law or in his original work contract with his new employer.
Article 29 / Prior to certification of an occupational accident, pursuant to the provisions of Article 4 in Rules on Leave-taking by Workers, a worker should first apply for ordinary illness leave and ordinary injury leave until the proscribed period of leave expires , then the employer shall pay his salary while retaining his position. If the result of certification decides that there was no occupational accident, the case will be dealt with under the public injury sick leave program.
Article 30 / If a worker participating in the labor insurance program is exposed to an occupational accident , and during the period of medical treatment for the occupational injury or illness withdraws from the insurance program upon the termination of his work contract, his labor union or a relevant group commissioned by the Bureau of Labor Insurance shall be responsible for payment of his insurance premium, and continued participation in the general accident labor insurance program, until he is eligible to claim a old-age benefits, in exemption of Article 6 of the Labor Insurance Act.
If a worker referred to in the preceding paragraph wishes to continue participation in the general accident insurance program, his insurance payment procedures, insurance coverage, insurance salary, insurance premium, insurance benefits and other matters shall be determined by the central competent authority.
Article 31 / If an establishment transfers work to a contractor, the establishment shall be jointly responsible for occupational accident compensation for the workers used by the contractor in the contracted project. This provision applies to the contractor in the same way.
The employer of a worker exposed to an occupational accident has the right of subrogation to recover compensation from a contractor referred to the preceding paragraph.
Labor Standards Law regulations shall apply to the standards of occupational accident compensation referred to in first paragraph. For the same incident, any payments made by an employer to an employed worker pursuant to the Labor Insurance Act or other legal regulations, will be deducted from the above compensation.
Article 32 / If a civil action is filed due to an occupational injury or illness, the court shall enforce damages according to the application of the worker exposed to the occupational accident. However, if the action is unsuccessful the court assumes no responsibility.
When a worker exposed to an occupational accident files a civil action for full insurance or leave from work, the court shall waive collection of the worker’s security payment.
Chapter 6 Supplementary Provisions
Article 33 / If an employer is in contravention of Article 17, paragraph 1 and Article 15, paragraph 2 and Article 27 to Article 29 inclusive, the competent authority shall prescribe a time limit for improvement, and impose a minimum fine of NT$50,000 and a maximum fine of NT$300,000. If improvement is not made within the prescribed period or within the extension period, a fine will be imposed upon each offence until improvement is made.
Article 34 / An employer who does not arrange for a worker to participate in the labor insurance program as required by law , and the worker is involved in an occupational accident, the employer will be fined an amount equivalent to the due insurance premium payments from the first day of employment until the day of the accident Regulations on penalties referred to in Article 72 of the Labor Insurance Act do not apply here. However, if a worker exposed to an occupational accident either dies or has a permanent physically handicap which qualifies for level one to level ten provisions on the labor insurance benefit standard table, the employer will be fined an amount equivalent to Article 6 compensation.
Article 35 / If a fine imposed herein is not paid within the appointed time, the case may be referred to court for compulsory execution.
Chapter 7 Supplementary Provisions
Article 36 / The Bureau of Labor Insurance is exempt from any taxes or duties on receipts and administrative balance relevant to administration of provisional items herein.
Article 37 / The Bureau of Labor Insurance shall establish a review committee to administer the items herein.
The central competent authority shall determine the organization and duties of the above committee.
Article 38 / Compensation referred to in Article 10 and Article 20 herein, after being assessed by the Bureau of Labor Insurance, shall be reviewed by the Supervisory Commission of Labor Insurance.