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

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

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

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Abstract

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.

References

13 Cites in Article
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  2. C.-C Cheng (2009). Commuting Accidents. A study of commuting accidents and casualities in some Swedish regions during 1971.
  3. K.-C Hsu (2011). On the Age for Labor Insurance within Social Insurance, Social Fairness and Justice.
  4. W.-N Hsu (2017). The Trend and Suggestions for Taiwan's Draft of the Occupational Injury Insurance Act: A Reference to Japan's Occupational Injuries Act.
  5. Y.-C Huang (2012). New Perspectives on Labor Law.
  6. M.-S Ko (1997). A Study on the Meanings and Terms of Labor Insurance and Social Insurance, Social Insurance.
  7. Hsiao-Chu Hsu,Chi-Hsin Wu (2006). The Association Between Corporate Environmental Sustainability, Environmental Awareness, And Job Pursuit Intention.
  8. F.-P Lin,P.-T Liu (2010). Fair Labor Standards Act.
  9. L.-W Liu,C.-F Hsu (2009). A Comparative Study on Measures of Occupational Accidents Prevention and Rehabilitation in Occupational Accidents Insurance Programs.
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  11. L-R Tang (1992). A Study on Occupational Accident Compensation System in Taiwan.
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  13. C.-L Yang (2000). Meaning of Social Insurance and Social Welfare System.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

How to Cite This Article

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

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

Keywords
Classification
GJHSS-H Classification: JEL Code: J28, J83
Version of record

v1.2

Issue date

July 3, 2021

Language
en
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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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