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Chapter Law Content

Chapter 3 Occupational Accieent Prevention and Rehabilitation
Section 1 Fund and Relevant Assistance Measures
Article 62
The central competent authority may prepare a budget up to 20% of the insurance premium receivable during an occupational accident insurance year and the remaining amount from the utilization of budgets in the past years to organize the following:
1.Prevention of occupational accident.
2.Health examination to prevent occupational disease.
3.Reporting of Occupational injury or disease, referral of workers suffering occupational accidents and case-by-case services.
4.Rehabilitation of workers suffering occupational accidents.
5.Donation (subsidy) to juridical persons established in accordance with Article 70.
6.Other matters related to occupational accident prevention, occupational disease prevention, occupational accident worker rehabilitation and assistance to occupational accident workers and families.
The central competent authority may appoint its authority (institution), delegate, outsource or subsidize other relevant authorities (institutions), corporations or organizations to perform the activities under subparagraphs 1 to 4 and subparagraph 6 of the previous paragraph.
The central competent authority shall prescribe the conditions for subsidy, standards, procedures and other compliance matters under subparagraph 5 of the first paragraph and the previous paragraph.
Article 63
When an insured person performs harmful work designated by the central competent authority, the insured unit may seek health examination to prevent occupational disease with the insurer.
If a worker has performed harmful work designated by the central competent authority, he/she may seek a follow-up health examination with the insurer.
The insurer outsources the cost of health examination to prevent occupational disease and the payment of follow-up health examination cost under the previous two paragraphs to the insurer of national health insurance.
The designation of harmful work, the manner of application for examination, the target, item, frequency, cost, procedure, approved medical institution, reporting details, manner and deadline of examination results and other compliance matters under the first and second paragraphs shall be prescribed by the central competent authority.
Article 64
The competent authority shall plan and consolidate relevant resources and may also use information related to the Insurance approved by the insurer to provide the following suitable rehabilitation services in accordance with the needs of workers of occupational accidents:
1.Medical rehabilitation: Help with the treatment and care for occupational accident workers to recover their physical and mental functions and to reinstate their normal lives.
2.Social rehabilitation: Procure psychological support, social adaptation, welfare consultation, maintenance and protection of interest for occupational accident workers and their families.
3.Functional rehabilitation: Through functional evaluation, reinforced training and reinstatement assistance, etc., help occupational accident workers improve their work capabilities and reinstate their work.
4.Occupational rehabilitation: Provide occupational guidance assessment, occupational training, employment service, re-design of job duties, entrepreneurial guidance, promotion of employment measures and other occupational rehabilitation services to help occupational accident workers return to the job market.
When the rehabilitation of occupational accident workers involves social welfare or medical care, the competent authority shall coordinate with health and welfare competent authorities to provide holistic and continuous services.
Article 65
The central competent authority shall plan an individual case management service system for occupational accident workers, consolidate reported information of Occupational injury or disease nationwide and establish an individual case service database for occupational accident workers.
Municipal and county (city) competent authorities shall establish reporting and referral mechanism within their jurisdictions to understand information related to occupational accident workers. They shall put in place professional service personnel to timely provide the following services based on the needs of the occupational accident workers:
1.Individual case management services for occupational accident workers.
2.Family support for occupational accident workers.
3.Maintenance of workers’ interest.
4.Assistance with reinstatement of work.
5.Occupational rehabilitation resources such as referral employment services and occupational guidance and evaluation.
6.Links to relevant social welfare resources.
7.Other assistance related to occupational accident workers and their families.
Competent authorities shall exercise the due care of good administrators in relation to the information acquired in accordance with the previous two paragraphs. The retention, processing, and use of relevant information shall be in accordance with the Personal Data Protection Act provisions.
Article 66
In order to reinstate and reinforce the working capabilities of occupational accident workers, employers or occupational accident workers may file applications with professional, functional rehabilitation institutions approved by the central competent authority to help them prepare a work reinstatement plan, organize work analysis and functional capacity evaluation for occupational accident workers and to functional rehabilitation services such as reinforcement training for their physical and mental functions.
Approved professional, functional rehabilitation institutions that organize the functional rehabilitation services under the previous paragraph may seek subsidy from the central competent authority.
Regulations for the approval conditions for professional institutions under the previous two paragraphs, their management, qualifications of staff, service manner, the procedure for subsidy application, standards for a subsidy, revocation and other compliance matters shall be prescribed by the central competent authority in consultation with the central health and welfare competent authority.
Article 67
After occupational accident workers complete medical care, the employers shall follow the work reinstatement plans prepared in accordance with the first paragraph of the previous article and assist with the reinstatement of work. If the previous work cannot be reinstated, following negotiation between the employer and the employee, suitable work shall be arranged based on the health status and capability.
To procure reinstatement of the original work or arrangement of suitable work for occupational accident workers, employers shall provide assisting facilities required for work performance, including tools for the reinstatement, maintenance or reinforcement of employment capabilities and the improvement of work environment, equipment and machinery, etc.
The employer may seek subsidies from the municipal or county (city) competent authorities for the assistance facilities under the previous paragraph.
Article 68
During functional rehabilitation period in the following institutions due to Occupational injury or disease, the insured person may seek functional rehabilitation allowance from the municipal or county (city) competent authorities:
1.Medical institution providing Occupational injury or disease clinic approved in accordance with Article 73.
2.Professional, functional rehabilitation institution approved in accordance with Article 66.
The subsidy under the previous paragraph may be issued to a maximum of 180 days in total.
Article 69
The enterprise that hires occupational accident workers may seek subsidy from the municipal or county (city) competent authorities if one of the following conditions are met:
1.Assistance with occupational accident workers to reinstate original work, adjust job duties or arrange other work.
2.Hire occupational accident workers from other enterprises.
The central competent authority shall prescribe the Regulations concerning the conditions, standards, application and approval procedures for the subsidy or allowance under the previous two articles and the previous paragraph and other compliance matters.