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Calculation of Occupational Hazard Compensation
In today's rapidly changing work environment, workers' awareness of their own rights has become the first step in self-protection. Facing occupational hazards, whether they are minor workplace accidents or serious occupational injuries, understanding how to effectively prevent and respond, as well as how to obtain due compensation in the event of misfortune, is essential knowledge for every worker.
Definition and Importance of Occupational Hazards
Definition of Occupational Hazards
Occupational hazards refer to any injury, disease, or mental health problem that occurs while performing job duties or engaging in activities related to job performance. These hazards can arise from the work environment, working conditions, or events occurring during work processes. They include severe mechanical accidents, accidents occurring during commuting or business trips, and diseases contracted as a result of performing job duties. Occupational hazards are not limited to physical injuries but also include psychological stress and work-related mental health issues, particularly when there is a significant causal relationship with job performance.
For detailed regulations, refer to the Labor Insurance Bureau of the Ministry of Labor's Guidelines for the Review of Occupational Injuries and Diseases in Labor Occupational Accident Insurance.
Impact of occupational hazards on employees: For employees, occupational hazards can lead to physical pain and discomfort, and in severe cases, long-term health problems or disabilities. Besides the physical impact, occupational hazards can also negatively affect employees' mental health, causing anxiety, depression, and stress. These issues not only affect the individual's quality of life but may also lead to decreased work efficiency and the need for long-term rest or early retirement.
Impact of occupational hazards on businesses: For businesses, occupational hazards can lead to employee leave, decreased productivity, and increased worker's compensation and medical costs. In more severe cases, businesses may face legal litigation and fines, especially if they fail to handle the situation appropriately or fail to provide a safe working environment after an accident. Additionally, occupational hazards can impact a business's reputation and employee morale, especially when the hazard occurs due to poor management or neglect of safety measures.
Calculation of Occupational Accident Insurance for Injuries and Diseases
To ensure employees receive adequate financial support when injured or ill at the workplace, helping them recover from injuries and return to their jobs, the purpose of occupational accident injury and disease benefits is not only to compensate for economic loss but also to support the overall rehabilitation process of employees. Additionally, the mechanism for these benefits also protects employers from legal litigation due to occupational accidents to a certain extent. Costs are shared through labor insurance or other protective measures, and the calculation of occupational hazard compensation depends on multiple factors, including the severity of the injury and the nature of the employee's work.
The actual calculation method can be done using the following calculator provided by the Labor Insurance Bureau of the Ministry of Labor:
- Trial Calculation for Occupational Accident Injury and Disease Benefits(職災傷病給付試算)
- Trial Calculation of Injury and Disease Benefits and Medical Allowance Amounts(傷病給付及就醫津貼金額試算)
- Trial Calculation of Disability Benefits (Lump-Sum Payment)(失能給付(一次給付)試算)
- Trial Calculation of Disability Pension Benefits(失能年金給付試算)
Can an employer directly dismiss an employee who is unable to work due to a work-related injury?
Workers who have suffered occupational accidents or are pregnant or on parental leave have special protection needs. Therefore, the Labor Standards Act, the Labor Occupational Accident Insurance and Protection Act, and the Act of Gender Equality in Employment all provide special protections against the termination of employment contracts for these workers.
However, it's important to note that to protect workers' rights, employers cannot terminate the employment contract with a worker during the medical treatment period for an occupational accident, as prohibited by law. This means that even if the worker engages in malicious behavior, such as unjustified absenteeism, the employer is still not allowed to terminate the contract. However, once the medical treatment period for the occupational accident has ended, the employer may terminate the contract without notice within the period specified under Article 12, Paragraph 2 of the Labor Standards Act.
Additionally, according to Article 84 of the Labor Occupational Accident Insurance and Protection Act, an employer can legally terminate the employment contract with prior notice and after paying severance or retirement benefits in the following three scenarios:
- The employer, due to natural disasters, incidents, or other force majeure reasons, can no longer continue the business and has received approval from the competent authority.
- The employer ceases operations or incurs significant losses, approved by the competent authority.
- The worker who has suffered an occupational accident has completed treatment, and a hospital accredited by the central health and welfare authority diagnoses that the worker is physically or mentally unable to perform their duties.
In the case of a work-related injury, can an employer dismiss a worker for being unable to perform their job? And how should the employer compensate in such a situation?
Explanation of Work Injury and Occupational Accident Cases
Xiao Ming suffered a work-related injury during his employment, resulting in a disability that prevents him from performing his original job. During the injury period, Xiao Ming's company provided him with full pay and has continued to do so for two years. Xiao Ming has also applied for disability benefits on his own. The question arises whether the company can claim exemption from compensatory responsibility and lay off Xiao Ming subsequently.
According to the relevant provisions of the Labor Standards Act, during Xiao Ming's medical treatment period for the work injury, the employer is required to compensate him at his original wage rate. This means that the company should continue to pay Xiao Ming his original salary. However, if Xiao Ming still has not recovered after two years and does not meet the criteria for disability benefits, the employer may choose to pay a lump sum equal to forty months' average salary, exempting them from further wage compensation responsibilities. If Xiao Ming meets the disability benefit criteria, under Article 59, Paragraph 3 of the Labor Standards Act, the employer still has a responsibility to provide disability compensation. However, according to the proviso of the same article, for the same accident, if the employer has already paid compensation (such as labor insurance benefits or business insurance purchased by the employer), the employer can claim a set-off. In other words, the employer can deduct the amount covered by labor insurance benefits or employer-funded commercial insurance from the disability compensation.
In other words, an employee who meets the disability criteria due to a work-related injury can request disability benefits from the insurer based on their average insured salary. Additionally, they can request occupational accident disability compensation from the employer based on the difference between their average wage and average insured salary, as per Article 34-1 of the Enforcement Rules of the Labor Standards Act and Article 59, Paragraph 3 of the Labor Standards Act.
According to Article 23 of the Labor Occupational Accident Protection Act, an employer can terminate the employment relationship with a worker who has suffered an occupational accident only after medical treatment has concluded and a public medical institution has determined that the worker is physically and mentally unfit for work. Therefore, if the company wishes to lay off Xiao Ming, they must obtain a certification from a public medical institution stating that Xiao Ming's physical and mental disabilities render him unfit for work.
It is important to remember that each case varies, and laws are subject to change. For more detailed case handling, individuals encountering such issues should consult a professional lawyer for a specialized assessment of the specific case to avoid further damages.
Reference：勞動部勞工保險局、勞動基準法、職災勞工保護法、勞工職業災害保險及保護法