What to do when encountering a work disaster? Protected by the Disaster Protection Law

        When it comes to Work accident, you may immediately associate Society reporting events such as accidents on construction sites and factories. In fact, from high-risk industries such as construction and manufacturing to seemingly safe office work and service industries, Work accident can happen at any time. This issue of 'Legal Column' leads everyone to gain a deeper understanding of occupational disaster insurance and their own rights and interests.

        According to Paragraph 1 of Article 3 of the "Criteria for Examination of Occupational Injuries and Diseases of Labor Work accident Insurance" promulgated by Paragraph 3 of Article 27 of the Labor Work accident Insurance and Protection Act, "Injuries caused by the insured due to the performance of their duties are Occupational injury." Whether the workers are injured accidentally in the course of work or suffer from occupational diseases due to their duties, all belong to Work accident, which not only harm the physical and mental health of the parties concerned, It also has a negative impact on their families and society.

        In view of this, the Ministry of Labor specially formulated the Labor Work accident Insurance and Protection Law (hereinafter referred to as the "Disaster Protection Law") to protect the lives of workers and their families suffering from Work accident, and strengthen the prevention of occupational disasters and reconstruction of workers suffering from occupational disasters, so as to promote social security.

        1、 The Disaster Insurance Law protects work safety, and workers enjoy occupational disaster insurance protection upon arrival

                At the end of March 2023, an old house in Taichung City collapsed unexpectedly during construction, resulting in the death of three workers. The Ministry of Labor said that if the affected worker was employed by a registered public institution, his family members would enjoy the payment guarantee of "labor Work accident insurance" (hereinafter referred to as "occupational insurance"). In order to urge employers to fulfill their responsibilities of paying insurance premiums in accordance with the law, the Labor Insurance Bureau will not only impose a fine of NTD2-100000 on illegal employers, but also pursue the payment of insurance benefits received by uninsured workers.

        On the other hand, according to Article 6 and Article 13 of the Disaster Protection Law, workers employed in public institutions that have registered in accordance with the law, regardless of the number of employees in the unit, should be covered by the employer to participate in occupational insurance; The insurance effect shall be calculated from the day the worker arrives at work. If the employer fails to provide insurance for employees in accordance with regulations, workers who suffer from occupational injury and disease accidents can still apply for various insurance benefits.

        It is worth mentioning that according to Article 81 of the law, even if a worker has not joined insurance (such as being employed by a non registered public institution or being self-employed but not participating in occupational insurance) and suffers from occupational injury or illness resulting in disability or death, they can apply for care subsidies, disability subsidies, or death subsidies.

        2、 Work after retirement, and participate in labor Work accident insurance to ensure safety

        More and more workers choose to return to the workplace after retirement, contributing valuable skills and experience. In order to ensure the work safety of workers, the "Disaster Insurance Law" expands the scope of coverage, and whether or not they have received relevant social insurance benefits such as labor insurance for the elderly, employers or affiliated organizations should handle and participate in occupational disaster insurance for them.

        In addition, the 'Disaster Protection Law' also provides a diverse range of insurance channels, allowing employees and self employed workers of different types to participate, ensuring their own workplace safety.

        3、 The government provides disaster relief subsidies to assist workers in returning to the workplace

        In order to assist workers in occupational disasters to return to the workplace as soon as possible, the Ministry of Labor has formulated the "Measures for Subsidy for Workers in Work accident Returned to the Workplace by the Municipal and County/City Governments". After an occupational disaster, workers can go to the "Specialized Hospital for Occupational Disaster Functional Rehabilitation" or the "Specialized Hospital for Occupational Injury Diagnosis and Treatment" for treatment and reconstruction services. Medical staff will assess the situation of individual cases and plan physical and psychological intensive training, To enhance the work ability of workers after disasters.

        After completing training in the institution, disaster stricken workers may submit relevant documents such as certificates to apply for a "functional rehabilitation allowance subsidy" from the local government labor regulatory authorities to subsidize the cost of commuting to and from the hospital. The subsidy standard is based on the number of days stated in the certificate of completion of intensive training, and is issued at the rate of 60% of the first level of the insurance salary classification table, divided by 30 (daily subsidy NTD528). The maximum number of days issued is 180 days. If you have application requirements, you can directly consult with local government labor authorities and refer to the Occupational Safety Department website.

        As a law to protect the rights and interests of workers and their families, the Disaster Protection Law aims to provide protection for Work accident insurance, and requires employers to pay insurance premiums according to law, so as to ensure the safety and well-being of workers during work. Workers should understand the definition of Work accident, application procedures for insurance benefits, care and disability subsidies and other rights and interests of their own, and employers should also perform the responsibility of insurance to ensure the occupational safety of workers. By strengthening the prevention of occupational disasters and assisting workers in reconstruction, and creating a safer and healthier working environment, workers can receive due support when encountering Work accident.

        Source: Ministry of Labor Global Information Network, United News Network, Occupational Safety Department website

        Image source: Freepik

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