“Stop Requesting Medical Notes and Payments” (2): Understanding Employer Responsibility in Occupational Injuries

A Quick Clarification

First, a quick clarification: the title of this series is intentionally exaggerated. In reality, most employers don’t speak to their employees in such a harsh tone. However, in some extreme cases, employers may eventually feel as though they wish the employee would simply disappear from their business.

A Fictional Story That Feels Real

Tian’s occupational injury story is fictional—but also very real.

Its beginning closely resembles many (perhaps most) disputed occupational injury cases in real life: at the outset, neither the employer nor the employee is trying to take unfair advantage of the other.

In the previous article (from the worker’s perspective), we introduced the five types of benefits under the Labor Occupational Accident Insurance and Protection Act.

Now, from the employer’s perspective, there is a fundamental legal distinction that must be clarified:

Compensation liability vs. damages liability

1. Compensation Liability

According to Article 59 of the Labor Standards Act:

When a worker suffers death, disability, injury, or illness due to an occupational accident, the employer shall provide compensation in accordance with the law.

This means that when an occupational injury occurs, the employer bears compensation liability.

Importantly, this is a form of no-fault liability. In other words, regardless of whether the employer was at fault, they are still required to cover expenses such as medical costs and wage compensation. They must also grant leave for occupational injury in accordance with relevant regulations.

At this point, some employers may feel frustrated:

“The accident happened during commuting—it wasn’t my fault. Why am I legally required to pay for this?”

In fact, the Labor Standards Act is designed as a starting point. It expects employers to temporarily step in and help fulfill the government’s role in protecting workers at the time of the incident.

Today, Taiwan’s labor laws are much more comprehensive. Since the establishment of a separate occupational accident insurance system, most of the financial burden is actually covered by occupational accident insurance, as long as the case is approved by the Bureau of Labor Insurance.

Example: Injury and Sickness Benefits

Once approved (this is crucial—please don’t overlook this condition):

• From the 4th day after the injury up to 2 months, insurance covers 100% of the worker’s average insured salary

• From the 3rd month to the 24th month, insurance covers 70% of the salary

In other words:

• Compensation liability does not depend on employer fault

• In normal situations, most costs are paid by occupational accident insurance

• Any payments already made by the employer are not lost—

  
  

  once the worker receives insurance benefits, the employer may request reimbursement in accordance with the law

2. Damages Liability

But what if the employer was at fault in causing the occupational accident?

This brings us into the realm of civil law.

According to Article 184 of the Civil Code:

A person who, intentionally or negligently, unlawfully infringes upon the rights of another shall be liable for damages.

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Summary

• Employers have two types of liability in occupational injury cases: compensation and damages

• Compensation liability cannot be avoided once an occupational injury occurs

• In most normal situations, the majority of compensation is covered by occupational accident insurance

• Wage compensation provided by employers follows specific rules; reimbursement after insurance payouts is also regulated (to be discussed in more detail in future articles)

• To avoid damages liability, employers must do more than just “hope for good karma” → Strong occupational safety awareness and proper protective measures are indispensable

Read More: Understanding Employer Responsibility in Occupational Injuries (1)