Open AccessConflict of Laws on Occupational Accident Death Benefits: Presented with Actual Cases in Taiwan
Author(s) -
Chao Wu,
Ding-Hua Lin,
Yun Chen Yu
Publication year - 2021
Publication title -
global journal of human social science
Language(s) - English
Resource type - Journals
ISSN - 2249-460X
DOI - 10.34257/gjhsshvol21is5pg19
Subject(s) - compensation (psychology) , business , accident (philosophy) , workers' compensation , government (linguistics) , accident insurance , labour economics , actuarial science , financial compensation , economics , psychology , philosophy , linguistics , epistemology , psychoanalysis
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.