Comparative Study of Occupational Injury Protection in Taiwan

• Main Authors: Tusi-Hua Ma, 馬翠華
• Other Authors: Hsien-Chao Chang
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/8ccg77

博士 === 國立中山大學 === 中國與亞太區域研究所 === 106 === The principles or standards of workplace safety and labor health in International Bill of Human Rights are always the important regulations followed by many countries and even adopted by many countries as the standards of the laws of their nations. Taiwan has laid great emphasis on labors’ rights and the safety of workplace, and the relevant laws and regulations are in conformity with the international requirements. Since the small and medium-sized enterprises play crucial role in Taiwan’s economy. If and when there is any serious occupational accident, it will cause destructive damage to the sustainability of a company. There were the same problems found in Germany or the United States as their industries began developing. In particular, the small and medium-sized enterprises are also the majority in German. It then adopts a single compensation and prevention combined with rehabilitation. Such a system can not only decrease occupational accidents but also help labors get large compensatory amounts. Meanwhile, it can make the victims return to the workplace with high dignity. The life and body of labors are what the labor human right safeguards. The examples of German and American occupational accident legislation show that there is a complete and simple compensation system to protect the victims of occupational injury. Moreover, they tend to use the alternative system of social security to spread risk, which can not only settle industrial disputes but also promote the harmony between employers and employees. Meanwhile, there are the professional consultants helping the victims reconstruct their professional ability and returnung to the workplace, which can publicize the risks and insecurity of labor disaster to meet the international requirement for protecting human rights. Taiwan imitates Japan to establish a set of complicated and long system, suggesting indemnity and compensation be carried out at the same time. Though Japan has gradually simplified its original system, Taiwan’s remains unchanged. In addition to the varied definition of occupational injury, lots of cases involving disability or death cannot get immediate help. Also, the recognition and the requesting procedures for occupational injury are often too slow to be of any help. Although there is social insurance, the insured salary is not in line with labors’ actual salary. Meanwhile, due to labors’ low salary, the indemnity that labors can actually get is much less than that they really need. As a result, the victims have to claim compensation from their employers through litigation. However, employer’s negligence and non- negligence coexist in many countries. In the way, labors’ risk of being injured and unsafe is undoubtedly personalized and individualized. Since the success or failure of enterprises affects the national economy, the protection of the victims of occupational injury should be adjusted to be the responsibility of a nation. The main purpose of this study aims to examine occupational injury, including its definition, implementation of present compensation system as well as its dilemma through legislative and administrative aspects so as to find out the feasibility of a better system in future. That is, legislation and administration can work together to establish a public professional organization dealing with the issues of occupational injury only.By adopting the principle of substitution , the organization can improve the social insurance system for occupational injury, and then let the victims equally treated and their human rights truly protected.