The influence of labor investigation report on civil claims research

• Main Authors: Wang Guan-bin, 王冠斌
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/06383012386046610858

碩士 === 國立中正大學 === 勞工所 === 98 === Accuracy and completeness of labor investigation report, and it’s counted on judges or not are the most important key factors to labors for occupational accidents. Due to the labor investigation doesn’t perform well or in accordance with the Law some occupational accidents don’t have to report, it causes the difficulties of collecting the proof or other circumstances after occupational accident occurring, such as the employees do not have money to go to court, the employers do not have money to compensate, even the employer spoil the evidence or maliciously release property and so on. Even if the labors determine to bring a suit after occupational accidents, they may not obtain the reasonable compensation or indemnification in the court because of the lack of adequate preparation (incomplete labor investigation report or lacking post investigation.) In accordance with the report system of labor investigation under the current Labor Safety and Health Act, only “an accident causing injuries of three or more labors” or “an accident involving death,” then the employer shall have the liability to report to the appropriate inspection agency, and thus for the employers may choose not to report because the evidence may be harmful or they may face suspension after reporting. They would be punished rather than report; but for labors, not only the accident involving death has to be reported. For the general labors, disability is a lifetime of pain. Therefore, the current law should not be limited to three or more labors are injured, or causing death have to be reported, but should be more opener to safeguard the labors from occupational hazards, and ensure their rights by labor investigation. As a result of above, the labor investigation report should open the scope of investigation, upgrade the report system, put it into practice of labor court, and qualify labor inspection personnel to protect the labors while requesting their rights.