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4. If the insured passes away due to an occupational accident, can his/her parents apply for Survivor Benefits from labor occupational accident insurance?

  1. Paragraph 2 of Article 52 of the Labor Occupational Accident Insurance and Protection Act stipulates the priorities for claiming survivor pension, lump-sum survivor benefits and survivor allowances. When there are beneficiaries of the prevailing priority, those of the latter priority may not apply for any distribution of any benefits. However, if the beneficiaries of prevailing priority (spouse and child(s)) have any of the following circumstances, the parents of the second priority may apply for survivors’  pension:
    • Death.
    • Submit a waiver of application.
    • Fail to submit an application within one year upon meeting the application requirements.
  2. If the surviving family members of the prevailing priority resume to make a claim or meet the requirements again, the current distribution will be ceased and the surviving family members of the first prevailing may apply for the distribution. However, the pension already distributed to the surviving family members  of the latter priority will neither be refunded nor once again distributed to the surviving family members of the prevailing priority.

Exception: If the spouse issues a consent letter stating that they have waived the claim for the survivor allowances or lump-sum survivor benefits, the parents may claim such allowance or the lump -sum benefits within a certain period of time. 

The letter of consent shall be stamped with a seal for certificates, and the seal certification shall be attached; or it shall be certified by a court or a public notary.

Last Update:2022-09-13