• Last updated:2021-10-18

Document prepared for the Press Conference Held on Oct. 17, 2005

Subject :When a worker who is not covered by the Labor Insurance and incurs to an occupational disaster reapplies for disability subsidy due to aggravation of disability after once receiving the disability subsidy for protecting workers against occupational disasters, the difference of subsidy may be granted.

Abstract :To better assure the living of the workers involved in occupational disasters, when the workers who are not covered by the Labor Insurance reapply for subsidy because the disability of the same part of body is aggravated or another part is disabled due to the same occupational accident after receiving the disability subsidy, the balance may be granted according to the interpretation made by the Council of Labor Affairs if the reapplication is filed within the five-year time limit set forth in Paragraph 1, Article 131 of the Administrative Procedure Act.

Note :According to the provisions of Article 11 of the Enforcement Rules of the Labor Safety and Health Law, the examination and approval procedures shall be handled in accordance with the provisions on disability benefit set forth in the Labor Insurance Act when the Bureau of Labor Insurance offers the disability subsidy for occupational disaster as prescribed in Paragraph 1, Article 6 of the Labor Safety and Health Law. According to the provisions of Subparagraph 4, Article 55 of the Labor Insurance Act, where the impairment on the insured person’s body conforms to two or more items in the impairment list and the highest is not lower than Grade 2, the benefit for Grade 1 disability shall be paid. No provision is prescribed in the Labor Safety and Health Law to prohibit the workers involved in occupational disasters but not covered by the Labor Insurance from applying for more disability subsidy after once receiving the subsidy if the disability of the same part of body is aggravated or another part is disabled due to the same occupational accident. Therefore, in order to realize the spirit of protecting the workers incurring to occupational disasters as prescribed in the Labor Safety and Health Law, the difference of disability subsidy may be granted if the application is filed within the five-year time limit set forth in Paragraph 1, Article 131 of the Administrative Procedure Act.

• Source:Department of Labor Insurance
• Publication Date:2005-11-04
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