Conflict of Laws on Occupational Accident Death Benefits: Presented with Actual Cases in Taiwan

1
Chi-Hsin Wu
Chi-Hsin Wu
2
Ding-Hua Lin
Ding-Hua Lin
3
Yun Chen Yu
Yun Chen Yu
1 National Chung Cheng University

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GJHSS Volume 21 Issue H5

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When a worker dies due to an occupational accident, the labor insurance death benefit being applied for by his/her survivors subject to more conditions due to the revision of the Act. When the survivor does not meet the requirements, the labor insurance will not be paid. At this time, the survivor of the occupational accident worker shall instead turn to the employer for compensation to pay the labor insurance premium as the Bureau of Labor Insurance did not pay. The employer had to pay out of its pocket to compensate the survivor for the absurdity of the death compensation by the Labor Standards Act. A large company can take care of family members in terms of corporate responsibility or financial resources, if it is a small and medium-sized enterprise or even a microenterprise, it cannot pay this huge amount, and family members have to fight for compensation through litigation. However, it is not commonly known that the premiums of the labor accident insurance are not shared by the government or workers, and 100% of the total amount is paid by the employer.

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No external funding was declared for this work.

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The authors declare no conflict of interest.

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No ethics committee approval was required for this article type.

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Chi-Hsin Wu. 2021. \u201cConflict of Laws on Occupational Accident Death Benefits: Presented with Actual Cases in Taiwan\u201d. Global Journal of Human-Social Science - H: Interdisciplinary GJHSS-H Volume 21 (GJHSS Volume 21 Issue H5): .

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GJHSS Volume 21 Issue H5
Pg. 19- 31
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-H Classification: JEL Code: J28, J83
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v1.2

Issue date

July 3, 2021

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English

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When a worker dies due to an occupational accident, the labor insurance death benefit being applied for by his/her survivors subject to more conditions due to the revision of the Act. When the survivor does not meet the requirements, the labor insurance will not be paid. At this time, the survivor of the occupational accident worker shall instead turn to the employer for compensation to pay the labor insurance premium as the Bureau of Labor Insurance did not pay. The employer had to pay out of its pocket to compensate the survivor for the absurdity of the death compensation by the Labor Standards Act. A large company can take care of family members in terms of corporate responsibility or financial resources, if it is a small and medium-sized enterprise or even a microenterprise, it cannot pay this huge amount, and family members have to fight for compensation through litigation. However, it is not commonly known that the premiums of the labor accident insurance are not shared by the government or workers, and 100% of the total amount is paid by the employer.

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Conflict of Laws on Occupational Accident Death Benefits: Presented with Actual Cases in Taiwan

Chi-Hsin Wu
Chi-Hsin Wu National Chung Cheng University
Ding-Hua Lin
Ding-Hua Lin
Yun Chen Yu
Yun Chen Yu

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