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

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.