The Reforms of Enterprises in Response to Protection for Workers Incurring Occupational Accidents－Focusing on the Occupational Diseases

• Main Authors: YU,YUN-CHEN, 于雲真
• Other Authors: WAN,CHIH-CHENG
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/8ft66d

碩士 === 國立中正大學 === 財經法律系研究所 === 104 === The compensatory institution of occupational injury in Taiwan began from the special law, which is the department of law of the civil liability of employer occupational injury. Even based on the employer's responsibility to compensate the occupational injury compensation institution and based on common law of civil liability of the owner of born based on responsibility. So it’s permitted the injured labors except have occupational injury compensation, still may, according to the Civil rule to request the employer the compensation’ s coexist institution. Therefore, once the employee suffered an occupational injury, the employer in order to avoid the related liability of compensation and reparation, all refused to identify the accident belongs to occupational injury. And the occupation’s mental illness is hard to identify the caused reason because the specific characteristics, and more complicate in occupational injury identified, even let employees can’t deserve their right to fill their damage. It is against the legislative intent of the occupational injury of labor protection laws. Focus on this, this article attempts to apply the insurance function to employers for occupational injury compensation and reparation mechanism, to implement the occupational injury of labor protection laws for the protection of labor's meaning. And to reach business continuity, labor protection and social security to create harmony and stability of the win-win situation.