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Foreign workers encountering occupational hazard are also eligible to the Occupational Accident Labor Protection Act

Foreign workers hired to render permitted work in Taiwan, when encountering occupational hazard to result in casualty or disability, are not only eligible to apply for the labor insurance’s various occupational hazard payouts, and in the case of death or varied levels of disability, are also entitled to the subsidy compensation protection as stipulated by the Occupational Accident Labor Protection Act. When hiring foreign workers with a proper permit or when the hiring permit has been abolished, and if they should unfortunately encounter occupational hazard to result in death or disability, but are not eligible to receive the various subsidy protection by the labor protection law, the employer needs to shoulder all compensation and civil, criminal liability.

Of a foreign worker died of occupational hazard, whose family is not only eligible to apply for the labor insurance occupational hazard payout, and is also eligible to apply for a $100,000 family subsidy, per labor occupational hazard protection law. If unable to come to Taiwan to file for the family subsidy, the family can appoint the hiring entity or an individual in Taiwan to present the application on its behalf. The appointed individual shall submit the authorization letter, application form, death certificate, the victim worker’s residency certificate and a photocopy of whose passport, the beneficiary and the victim worker’s family relation proof of documentation, and the appointee or the beneficiary photocopied account information (in the case of a foreign account, the beneficiary or the appointee is to should the fund remittance handling fee, and the sum is also to be deducted from the subsidy amount).

A foreign worker encountering occupational hazard, whose symptoms have stabilized following the treatment, and any further treatment cannot expected of any treatment result, and upon being diagnosed by a national health insurance-affiliated hospital to suffer from permanent disability, is not only eligible to apply for the labor insurance disability payout, and is also eligible to apply for the physical disability living subsidy, per labor occupational hazard protection law, and of those joining the labor insurance, the payout is distributed up to five years, with a renewal formality to be filed in the first 3 months at every one-year mark. Thereafter, upon returning to whose home country, the foreign work, when continuing to apply for the living subsidy, needs to contact the local medical treatment hospital or clinic to have a diagnosis certificate issued stating the latest disability symptoms, which along with the authorization letter, application form and proof of identity documents are to be declared with the Bureau of Labor Insurance to file for the subsequent collection formalities.

The foresaid certificate document or documents, when issued overseas, shall include a Mandarin transcript, and be authenticated by a Republic of China embassy, consulate or representative office. A Mandarin transaction, when not authenticated, shall be notarized by an ROC court or a notary public.

A worker, regardless or a local resident or a foreign national, as long as the individual is hired by a local enterprise or individual to render work, who should be deceased or become disabled while working, is entitled to be protected by the Occupational Accident Labor Protection Act. To understand further of what kind of protection the labor occupational hazard protection law provides for workers encountering occupational hazard, log on to the Bureau of Health Insurance global information website at for reference information.

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Last Update:2013-12-30