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10. How does an insured person apply for injury and sickness benefits if he or she has been compensated according to his or her original wage rate pursuant to Article 59 of the Labor Standards Act?

In the revised Enforcement Rules of the Labor Insurance Act, amended on January 1, 2009, the requirement in the original Article 56 that an insured unit may request reimbursement for advance payments made has been removed, and therefore insured units must not make any advance payments when applying for insurance benefits. In addition, pursuant to the Explanatory Letter Tai-2000 Lao-Bao-3 No. 0005758 issued by the Council of Labor Affairs, Executive Yuan, on February 21, 2000, the term “according to the employee’s original wage rate” mentioned in Paragraph 2, Article 59 of the Labor Standards Act refers to the standards of compensation and is not identical to the actual salary or wages, or the “original salary payment” specified in Article 34 of the Labor Insurance Act. Therefore, if the insured person or the beneficiary has received compensation after January 1, 2009, he or she may still apply for injury and sickness benefits. Any advance payments that the employer has already made may be exempted by request to the employee or beneficiary in accordance with the provisos of Article 59 of the Labor Standards Act. Any dispute arising from this condition should be resolved by mediation at the labor administration agency where the company is located, due to the fact that this is an issue governed by the Labor Standards Act.

Last Update:2022-09-13