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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/10/15 01:22
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Chapter Law Content

Chapter Ⅶ Compensation for Occupational Accidents
Article 30
The wage compensation payable by an employer to a worker in accordance with the stipulations of Subparagraph 2 of Article 59 of the Act shall be paid to him /her on the wage pay day.
Article 31
The pre-existing wage mentioned in Subparagraph 2 of Article 59 of the Act refers to the wage the worker received for the regular working hours in the day before the occurrence of occupational accident. Where the wage of the worker is calculated on a monthly basis, one day's wage shall be the amount equivalent to the wage the worker received for one month's regular working hours divided by thirty just one month immediately before the occurrence of occupational accident.
If the amount calculated pursuant to the preceding paragraph for a worker with occupational disease falls short of the average wage, the average wage shall be used as the standard.
Article 32
The employer shall pay the compensation provided in the proviso of Subparagraph 2 of Article 59 of the Act within fifteen days after the determination of the liability to bear such compensation. Until such compensation is paid, the employer shall continue to pay the compensation provided in the proceeding part of Subparagraph 2.
Article 33
The employer shall pay funeral expenses provided in Subparagraph 4 of Article 59 of the Act within three days after the death of the worker, and survivor compensation should be paid within fifteen days after the death.
Article 34
If, in accordance with the provisions of the Labor Insurance Act or other applicable statutes or administrative regulations, the employer has paid compensation to the worker in regard to the same accident provided in Article 59 of the Act, such compensation paid may be deducted by the employer. But, if the compensation is paid from funds jointly contributed by the worker and the employer, only the portion contributed by the employer shall be deducted.
Article 34-1
In case a worker is killed or disabled due to an occupational accident and the worker is covered under labor insurance in accordance with the provisions of the Labor Insurance Act, his/her incident has been verified as an occupational accident, the amount of compensation that his/her employer shall pay to the worker in accordance with Article 59 of the Act shall be the amount determined by the difference between the worker’s average wage and average insurance wage of labor insurance and then paid by the standard amount established pursuant to Subparagraphs 3 and 4 of Article 59 of the Act.
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