What is Occupational Accident Compensation?
Migrant workers legally employed in Taiwan are legally required to enroll in labor insurance. They are eligible to apply for compensation in the event of an occupational accident (injury, occupational disease, or death) during their work hours. Regardless of whether they hold permanent residency, as long as they work legally in Taiwan, they are protected in the same way as local workers.
What types of compensation can I apply for?
1. Occupational Injury Medical Subsidy
Hospitalization, outpatient, and surgical expenses are subsidized by the Bureau of Labor Insurance.
Full reimbursement is available for the out-of-pocket portion.
2. Injury and Illness Benefits
During hospitalization or inability to work due to occupational injury or illness, a daily benefit of 70% of the insured monthly salary (for the first two months) is provided, decreasing to 50% thereafter.
Maximum benefit period: 2 years.
3. Disability Benefits
If physical impairment persists after treatment, a benefit of 45 to 1,800 days of insured salary is provided based on the disability level.
Level 1 disability (most severe) is eligible for a monthly disability annuity.
4. Death Benefits
- Survivors can receive a funeral allowance and death benefit equivalent to 45 months of the insured monthly salary.
5. Employer's Compensation Liability
Employers are required to make up any shortfall in labor insurance benefits according to the Occupational Injury and Labor Protection Act.
Even if the employer failed to provide legally mandated labor insurance, they are still required to provide full compensation under the Labor Standards Act.
Application Process
Seek immediate medical attention and obtain a "Workplace Injury and Illness Outpatient Certificate" from the hospital (apply to the National Health Insurance Bureau to link this to labor insurance).
Prepare the following documents: proof of labor insurance coverage, medical diagnosis, Taiwan residency permit, and passport.
Submit the application to the Labor Insurance Bureau or its branch offices in your county or city.
In case of disputes, you can call the 1955 Foreign Worker Consultation and Protection Hotline for assistance.
What to do if the employer is being difficult?
Call 1955 to request the Ministry of Labor to intervene in the investigation.
Contact a labor agency or the Labor Bureau in Taiwan.
Apply for a preliminary injunction with the competent court (to prevent the employer from transferring assets).
Contact non-governmental organizations: Taiwan Migrant Workers Union (MENT) or migrant worker service centers in various counties and cities.
Important Notes
Occupational injury claims are not affected by residency period, and can be applied for even if the contract expires.
Applications for injury and illness benefits must be submitted within 2 years of the occupational injury.
Injury and illness benefits can continue to be received during vocational rehabilitation training.