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16. Can the insured person apply for occupational injury benefits if the incident leading to the injury occurs when commuting to or from work?

Pursuant to Paragraph 1, Article 4 of Regulations Of The Examination Of Injuries and Diseases Resulting From The Performance Of Duties By The Insured Persons Of The Labor Insurance Program, which states that “Insured persons incurring injuries resulting from accidents occurring while they are on or off duty, at an appropriate time, during round trips from daily residences to employment places, or while performing another job-related duty that requires travel, injuries are considered to be occupational injuries”; Article 18, states that “In the event insured persons under the stipulations of Articles 4, 9, 10, 16 & 17 incur injuries in the following circumstances, injuries shall not be considered as occupational injuries: 1. Personal activities/behaviors that are not necessary for daily life. 2. Drivers who have no drivers' license for type of vehicle being driven. 3. Drivers are under a period of suspension or license has been revoked as a form of disciplinary action. 4. Persons break traffic regulations, run red lights, stop signs, etc. 5. Persons run red light or break any regulations at a railway crossroad. 6. Persons drive vehicle while their blood-alcohol level exceeds limit, are under the influence of drugs, psychedelics or other controlled substances. 7. Persons break traffic regulations and drive on shoulder of highway. 8. Driving vehicles in the wrong direction, i.e. the wrong way down a one-way street, etc.; speeding, racing, weaving, or driving in other reckless ways. 9. Driving vehicle into oncoming traffic;” if a person insured under Labor Insurance sustains injuries in a traffic accident when commuting to or from work and the conditions of the provisions stipulated in the preceding paragraphs apply, all injuries sustained shall be covered by Labor Insurance and he or she may apply for occupational injury benefits if he or she becomes unable to work due to the injuries, unable to obtain his or her regular salary or wages, has to be hospitalized or receive outpatient treatment for four days or more, and has been unable to work for four days, as required by Article 34 of the Labor Insurance Act.

Last Update:2019-08-20