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6. If the insured has been compensated according to the originally insured salary amount due to occupational injury or Sickness, can he/she apply for Injury or Sickness Benefits for labor occupational accident insurance?

If the insured suffers an occupational injury or disease, the employer has paid for the employee’s original wage rate payments according 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 42 of the Labor Occupational Accident Insurance and Protection Act. Therefore, if the insured person or the beneficiary has received compensation, he or she may still apply for Injury or Sickness Benefits from labor occupational accident insurance. 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.,if there is a dispute between the employer and the employee over the compensation or offset, due to the fact that this is an issue governed by the Labor Standards Act, it should be resolved by mediation at the labor administration agency where the company is located.

Last Update:2022-09-13