Contact: Labor Standards Section, Welfare Promotion Section, and Labor Standards Inspection Office
Tel: 04-22289111#35200 / #35400 / #36808
What is an occupational injury?
An occupational injury refers to any disease, injury, disability or dead of a worker due to construction, machine, equipment, raw material, material, chemical, gas, steam or dust in his/her workplace or during his/her operation of work, or any other occupation-related cause.
What compensation shall an employer provide for a worker according to applicable laws if the worker suffers from any occupational injury?
According to Article 59 of the Labor Standards Act, if a worker is dead, injured, incapacitated or sick due to occupational accidents, his/her employer shall pay compensation according to the following provisions. However, if the employer has already paid compensation to the worker in respect of the same accident in accordance with the Labor Insurance Act or other applicable laws, the employer may deduct the compensation already paid from the compensation payable according to the said Article.
1. When a worker is injured or suffers from any occupational disease, the employer shall compensate the worker by paying necessary medical expenses for him or her. The categories of occupational diseases and the scope of medical treatment shall be governed by applicable provisions of the Labor Insurance Act.
2. When a worker under medical treatment is not able to work, the employer shall pay him/her compensation in the amount of his/her pre-existing wage. However, if the worker does not recover after 2 years of medical treatment, is also diagnosed and confirmed by a designated hospital as being unable to perform his/her original work, and fails to meet the disability requirements under Subparagraph 3, the employer shall be released from the aforementioned compensation obligation by giving to the worker a lump sum payment equal to 40 months of his/her average wage.
3. If after the termination of medical treatment, the designated hospital diagnoses and confirms that the worker is disabled forever, the employer shall pay the worker a lump sum as disability compensation based on his/her average wage and the degree of disability. The standards of disability compensation shall be subject to the Labor Insurance Act.
4. When a worker dies of occupational injury or disease, his/her employer shall pay a funeral subsidy equal to 5 months of his/her average wage and a lump sum compensation equal to 40 months of his/her average wage to his/her family members. Such lump sum compensation shall be paid to his/her family members in the following order:
(1)Spouse and children
(5)Brothers and sisters
Center for Prevention and Treatment of Occupational Injury and Disease
Two hospitals in the city have set up the Center for Prevention and treatment of Occupational injury and disease for the Central Area.
1. Center for Prevention and Treatment of Occupational Injury and Disease, China Medical University Hospital; Tel: 04-2205-2121 ext. 4509; Contact: Chu, Case Manager
2. Center for Prevention and Treatment of Occupational Injury and Disease, Chung Shan Medical University Hospital; Tel: 04-2473-9595 ext. 34978/34979; Contact: Lu, Case Manager