A Study on Employer''s Liability Insurance in Connection with the Supplementary Insurance Programs of Social Insurance and Personal Accident Insurance

• Main Authors: Mei-Ling , Lin, 林美泠
• Other Authors: Tong-Liang , Kao
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/77709109369434864516

碩士 === 淡江大學 === 保險學系保險經營碩士在職專班 === 98 === The current state of laws and regulations for the occupational accidents attributed to employer’s liability are various and complicated. The legal liability assumed by the employers is mainly based on the Civil Law and Labor Standards Act. In Taiwan, an injured worker can be compensated by a dual system of labor insurance and employer’s liability.This study, from the employers’ standpoints, analyzes the coverage, exclusions, various endorsements and limits of liability of employer’s liability Insurance, as well as compares the differences of those items above applicable in four countries, i.e. Taiwan, America, Japan and China. In addition, this study also analyzes the employers’ responsibilities in respect of the Civil Law, Labor Standards Act and Labor Insurance Act, and further clarifies the conflicts whether the indemnification of labor insurance and personal accident insurance can fully cover the employer’s responsibilities. We find that employer’s liability Insurance is the most important risk transfer vehicle for the enterprises.In response to the changing world nowadays, the conclusions of this study also suggests that it is necessary to further amend some controversial points, such as the insurance coverage, exclusions and the related clauses of employer’s liability insurance policy. The local non-life insurance companies might refer to the insurance policies issued by other advanced countries in order to provide the employers with a more suitable policy of the employer’s liability insurance, which not only makes up with the employer’s liability risks, but also reduces the labor disputes. Moreover, it is of assistance to the non-life insurers to expand the new business opportunities.