| Summary: | 碩士 === 國立中正大學 === 勞工研究所 === 91 === The purpose of this study is to examine the worker’s compensation disputation about occupational accident identification by the special disease case of “karoshi”. First, to profile what the “occupation accident” means by discussing three occupational accident theories, introduce the system of worker’s compensation in Taiwan, and criticize the “Occupational Accident Labor Protection Law”. Secondly, it will introduce the Japan’s karoshi and the causing of karoshi, and the karoshi problems in Taiwan.
According to the study, we found some deficiencies about work’s compensation in Taiwan. First, because the benefit of “Labor Insurance Law” is counterpoised with the compensation of “Labor Standard Law”, it may be induced the injury workers to lose benefit when the employers reject compensation. Secondly, some of the legalisms in “Occupational Accident Labor Protection Law” are reduplicated from “Labor Standard Law”, so it was unable to be expected improving the disputes of worker’s compensation system. Thirdly, because the standards of occupational accident identification were in order to make employers responsible for compensation, the accident must fit the conditions about adequately “time” and limited “place”. But karoshi is a special occupational disease that is ascribed to the sociocultural factor, it would make karoshi workers disable the demands of worker’s compensation.
Draw a conclusion from the study of “karoshi”, I make three suggestions about the above-mentioned disputes of work’s compensation in Taiwan. First, the work’s compensation system in Taiwan ought to rescind the interlock between benefit and compensation. Secondly, the benefit of “Labor Insurance Law” needs to pay by annuity form according to aliment life after accident. Before adjustment of work’s compensation system, the administration could make two different standards of occupational accident identification according to the difference between benefit and compensation. In future, I think that the identification of occupational accident about benefit by administration do, and the identification of occupational accident about compensation by court. The award of court is not affected the benefit.
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