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Article 1 |
These Regulations are drawn up in
accordance with Article 34 Paragraph 2
of the Labor Insurance Act (hereinafter
referred to as the Act) |
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Article 2 |
To examine that injuries and diseases
resulting from performance of duties by
insured persons, unless there is the
stipulation of other Acts, the
examination is handled following the
Act. |
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Article 3 |
Insured persons incur injuries and
diseases resulting from performance of
duties, injuries and diseases are
considered as occupational injuries.
Insured persons devote themselves to job
suiting the occupational range
stipulated by occupational diseases list
for labor insurance, and suffer from
diseases as the list showing, diseases
shall be considered as occupational
diseases. |
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Article 4 |
Insured persons incur injuries resulting
from accidents occurred while they are
on and off duty, at proper time, on the
way of round trips from daily residences
to employment places,or for another duty
between employment places , injuries are
considered as occupational injuries.
If insured persons are students of night
schools or a business-education
cooperation program, they incur injuries
resulting from accidents occurred while
they are on and off duty directly on the
way there and back from schools to
employment places, injuries shall be
considered as occupational injuries.
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Article 5 |
Insured persons incur injuries from
accidents occurred by conditions as
follows before and after the work,
injuries shall be considered as
occupational injuries:
1. In case accident occurs due to
defects of employment places facilities
or managements while they are before the
beginning or on waiting of working.
2. Accident occurs due to the
preparatory activity and the clearance
activity of the work.
3. After finishing their works, workers
use employment places facilities, which
approbated by employers, and it occurs
accidents due to defects of facilities.
4. Because of necessaries for
managements of the labor service, or
under the direction and supervision of
employers, accidents occurs while
workers take routine affairs such as
accepting and giving back production
appliances, or receiving wages on the
way from a dining hall or a gather
location to the workplace, or on the way
from the work field to the affairs
corporation location. |
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Article 6 |
While it is on breaking off or on the
rest of working time, insured persons
incur injuries from accidents occurred
by faults of employment places
facilities or managements, injuries
shall be considered as occupational
injuries. |
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Article 7 |
Insured persons incur injuries from
accidents occurred with the time of
going to toilet or watering in view of
physiological needs on working hours,
injuries shall be considered as
occupational injuries. |
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Article 8 |
Insured persons devote themselves to the
other job temporarily on necessary
conditions, in case this job is the
necessary activity for employed workers
that employers expect they to do, and
they incur injuries resulting from the
necessary activity, injuries shall be
considered as occupational injuries.
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Article 9 |
Insured persons incur injuries from
accidents occurred by official
activities and reasonable ways on the
period of leaving from their of daily
residences or employment places,
returning to daily residences or
employment places after finishi
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Article 10 |
While participating in the training
program for learning, the skills
certification, the skills competition,
festival activities, physical activities
or other activities assigned by
employers, insured persons incur
injuries from accidents occurred with
activities and reasonable ways assigned
by employers on the period of leaving
from their of daily residences or
employment places and returning to daily
residences or employment places after
activities have been finished, injuries
shall be considered as occupational
injuries.
Insured persons are so-called under the
stipulation in accordance with Article 6
Paragraph 1 Subparagraph 7¡®8 and Article
8 Paragraph 1 Subparagraph 4 of the Act,
in case they participate in a variety of
activities of the former item assigned
by organizations which they are
subordinate, they incur injuries from
accidents occurred with activities and
reasonable ways assigned by
organizations which they are subordinate
on the period of leaving from their
daily residences or employment places,
and returning to daily residences or
employment places after activities have
been finished, injuries shall be
considered as occupational injuries.
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Article 11 |
While performing their duties, insured
persons incur injuries from accidents
occurred by other people's behavior,
injuries should be considered as
occupational injuries. |
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Article 12 |
In case insured persons incur injuries
because of a variety of animals or
plants resulting from performance of
duties, injuries shall be considered as
occupational injuries. |
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Article 13 |
While performing their duties, insured
persons incur injuries from accidents
that occurred directly by natural
disasters, injuries shall not be
considered as occupational injuries.
Nevertheless, in case insured persons
incur injuries that indirectly resulted
from natural disasters, or affairs which
they are engaged in have higher risk for
suffering from natural disasters, it is
not subject to the limits.
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Article 14 |
While using subsidiary facilities that
employers offer for the labor service or
management, insured persons incur
injuries from accidents occurred by
faults of facilities, injuries should be
considered as occupational injuries.
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Article 15 |
While participating in the leisure
activity or other activities held by
employers, insured persons incur
injuries from accidents occurred by
defects of facilities that employers
manage or offer, injuries shall be
considered as occupational injuries.
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Article 16 |
Insured persons incur injuries from
accidents occurred on the way of taking
diagnosis and medical treatment in
medical institutions where they go there
and back directly or on the way of
taking diagnosis and medical treatment
directly and coming back to their daily
residences after getting off duty
because of their occupational injuries
or diseases, this behavior of taking
diagnosis and medical treatment is
agreed by employers, injuries shall be
considered as occupational injuries.
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Article 17 |
Insured persons incur injuries on the
meal time of working days or working
overtime, on-duty, in case employers do
not stipulate that workers have to meal
in workplaces, going outside for meal is
necessarily, and they suffer from
accidents on the way there and back for
meal, injuries shall be considered as
occupational injuries. |
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Article 18 |
In case insured persons under the
stipulation of Article 4, 9, 10, 16¡®17
incur injuries from conditions as
follows, injuries shall not be
considered as occupational injuries:
1. Personal activities are not necessary
for daily life.
2. Drivers have no drivers' license of
types of cars for driving.
3. Drivers are under the period of
invalidation or taking disciplinary
action against invalidation of their
drivers' license.
4. Persons drive against traffic
regulations and barge into the red light
while they pass through intersections
with restraints of light marks.
5. Persons barge into crossover of
railways.
6. Persons drive their cars while their
alcohol concentrations are over the
stipulation standard, they take drugs,
psychedelic or controlled drugs.
7. Persons drive against traffic
regulations on shoulders of highways.
8. Drivers drive their cars without
following the direction that they should
obey, or competing to drive, contesting,
crawling or driving in other dangerous
ways.
9. Drivers drive their cars into the
carriageway for coming without depending
on stipulations |
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Article 19 |
In case insured persons incur diseases
resulting from performance of duties,
and diseases are resulted from
categories of occupational diseases or
hazardous substance in the stipulation
of Category 8 Item 2 of occupational
diseases list that checked and ratified
by the central competent authorities,
diseases shall be considered as
occupational diseases. |
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Article 20 |
In case insured persons incur diseases
resulting from performance of duties
that identified by the committee of
identification of occupational diseases
of the Council of Labor Affairs of the
Executive Yuan, diseases shall be
considered as occupational diseases.
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Article 21 |
In case insured person is contributed to
diseases at work or on the ground of
working, and there is a proximate
causation relationship between the
promotion of this disease and the work,
this disease shall be considered as an
occupational disease. |
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Article 21- 1 |
In case insured person is diagnosed with
mental diseases, there is a significant
causal relationship between this disease
and the work, this disease shall be
considered as occupational diseases.
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Article 22 |
In case insured person is contributed to
diseases on the regular way of Article
4, 9, 10, 16¡®17, and there is a
proximate causation relationship between
the promotion of this disease and the
work, this disease shall be considered
as occupational disease. |
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Article 22- 1 |
These Regulations are also suitable for
use to insured persons presumed in
accordance with Article 6 Paragraph 1
Subparagraph 6 of the Act. |
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Article 23 |
These Regulations shall become effective
on the day of promulgation. |
