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Public Service

14. In the event that an insured person withdraws from insurance coverage and is diagnosed of having an occupational sickness and determined as permanently disable, is he/she eligible for occupational benefits payment?

If an insured person is diagnosed of having a sickness after insurance coverage is terminated and this sickness is caused by his/her work during the valid coverage period, such an insured person is eligible for occupational disability benefits. However, the application is only valid within 5 years from the day of permanent disability diagnosis. The benefit is only payable once for the same sickness.

[Explanation]: The amended provision of “Article 30 of the Labor Insurance Act” of the Presidential Decree No. 10100279771 order announcement, which pursuant to the Article 13 of the Central Regulation Standard Act, takes effect on December 21, 2012. Also as per an abstract of the Council for Labor Affairs, Executive Yuan’s directive, Reference number Lao-Bao- Er-Zi No. 1010140557, dated on December 25, 2012:

  1. Following the foresaid provision amendment takes effect, the insurance payout requesting right shall be implemented per the post-amendment regulations, where the valid time of the requesting right is set to 5 years.
  2. At the time when the provision amendment takes effect on December 21, 2012, the valid time of individuals whose requesting right has not exceeded 2 years, in a bid to safeguard the claimant’s insurance payout equity, is to be heed to the post-amendment regulations, and the requesting right is to cease to exist over a five-year period from the eligible fling date due to the non-exercise of the requesting right.
  3. Prior to the article amendment takes effect on December 21, 2012, individuals who have not filed for an application exceeding two years of whose insurance payout requesting right, or who have been declined of the payout by the bureau due to exceeding the valid time, due to the non-retroactive legal principle, shall heed to the pre-amendment regulation, and the insurance payout requesting right shall cease to exist over a two-year period for non-exercise of the requesting right.
     
Last Update:2019-08-20
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