Article 6
When a worker not participating in the labor insurance scheme but suffered an occupational accident is not compensated by the employer concerned in accordance with provisions of Labor Standards Act, the worker may with reference to the standards of Labor Insurance Act apply for disability or death subsidies of occupational accident in accordance with the minimum grade of insured salary.
The subsidy referred to in the preceding Paragraph shall be deducted from the amount of compensation already paid by the employer concerned.
Residual physical impairment of an applicant for disability subsidy in accordance with Paragraph 1 shall conform to the items and benefit standards of category 1 to category 10 as set forth in the Disability Benefits Payment Schedule of labor insurance scheme.
When the employer concerned compensates an occupational accident in accordance with the provisions of Labor Standards Act, subsidy referred to in Paragraph 1 may be deducted.
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Article 8
If an insured person of labor insurance scheme suffers, after the enforcement of the Act, an occupational accident during the existence of insurance coverage, the person concerned may apply for the following subsidies:
1. When suffering an occupational disease and being lost of partial or full capability to work, the person concerned may apply for living allowance after having received various occupational accident benefits of labor insurance scheme.
2. Owing to residual physical impairment caused by an occupational accident and being lost of partial or full capability to work, the person concerned may apply for disability living allowance as long as residual physical impairment conforms to the items of category 1 to category 7 as set forth in the Disability Benefits Payment Schedule of labor insurance scheme.
3. After suffering an occupational accident, the person concerned may apply for living allowance if having not received training subsidy or living allowances referred to in the preceding subparagraphs during the period of participating in vocational training.
4. Owing to residual physical impairment caused by an occupational accident and requiring assistant device, the person concerned may apply for device subsidy only when having not received device subsidy prescribed in other laws.
5. Owing to the loss of partial or full capability to live independently caused by an occupational accident and requiring care-taker, the person concerned may apply for care-taking subsidy only when having not received relevant subsidy prescribed in other Acts and Regulations.
6. In the case of death caused by an occupational accident, relatives of the person concerned may be given necessary subsidies.
7. Other subsidies approved by the Central Competent Authority for workers suffered occupational accidents.
Upon the termination of labor insurance coverage, the insured person of labor insurance scheme may apply for living allowance only when the person concerned being diagnosed by a physician of having occupational disease, which had been contracted during the existence of insurance coverage, and having not received labor insurance benefits and still incapable of working.
The maximal period of receiving subsidies for the workers described in Subparagraphs 1, 2 and 5 of Paragraph 1 and the preceding paragraph shall be up to five years in total.
Regulations concerning conditions, standards, application procedures and examination and issuance of subsidies referred to in Paragraph 1 and Paragraph 2 shall be prescribed separately by the Central Competent Authority.
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Article 23
Employers may not issue an advance notice to terminate the labor contract with workers suffering occupational accidents except under any of the following conditions:
1. The employer’s business is in suspension or suffers serious loss and approval from the competent authority has been obtained.
2. After the termination of medical care for a worker suffering an occupational accident, a public medical institution appraises that the worker concerned is mentally or physically disabled to be incapable of working.
3. The employer’s business cannot continue because of natural disaster, incident or other acts of God, and approval from the competent authority has been obtained.
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Article 24
A worker suffering an occupational accident may terminate the labor contract under any of the following conditions:
1. A public medical institution appraises that the worker concerned is mentally or physically disabled to be incapable of working.
2. The business entity disappears due to its restructure or ownership transfer.
3. The employer does not abide by the provisions of Article 27.
4. The worker concerned cannot reach an agreement on job placement with the employer who follows the provisions of Article 27.
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Article 34
When an employer fails to arrange a worker to participate in the labor insurance scheme as required by law, and the worker concerned suffers an occupational accident, the employer shall be imposed an administrative fine equivalent to 4 to10 times the total amount of insurance premiums required to pay begin the date of hiring the date of accident occurrence, and the provision concerning administrative fine prescribed in Paragraph 1 of Article 72 of the Labor Insurance Act shall not apply herein. However, if a worker suffering an occupational accident is dead or has residual physical impairment in conformity with the items of categories 1 to 10 as set forth in the Disability Benefits Payment Schedule of the labor insurance scheme, the employer shall be imposed an administrative fine equivalent to the amount of subsidy prescribed in Article 6.
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Article 41
The Act shall become effective on April 28, 2002.
The Amendments to this Act shall come into force from the date of promulgation.
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