Summary: | 碩士 === 國立臺北科技大學 === 土木工程系土木與防災碩士班(碩士在職專班) === 105 === This research builds emphatically when the construction industry has the occupational injuries,the direct relationsforthe construction industry employer with suffers from the occupational injuries laborer or his/her the family member make up an compensation the request power, only depends on the occupational safety health law 25th stipulation, the institution incurs by its enterprise when the human contracts, it contracts the human to contract the part to take this law to decide responsibility of the employer; The original institution still should and contracts the human on the occupational injuries make up and compensation to take the joint and several liability.
Again contracting also with.The original institution violates this law or the related safety and health stipulated that, sends contracts the human to hire when the laborer has the occupational injuries, with contracts the human to take the association make up and compensation responsibility.Again contracting also with. Namely the institution regarding sends when the package of building project has the occupational injuries,money make up and compensation for occupational injuries, Employer the request power, also may request to the original institution.Therefore this object of study for the original institution, the construction industry employer, suffers from the occupational injuries laborer three to relate,the penetration general reconciliation procedure, and the court decision all previous years correlation data statistics analyzes,three what responsibility respectively between , namely suffers from the occupational injuries laborer or his/her family member may obtain the harm approximately to make up and compensation the request amount number.
The findings discovered that,the suffers from the occupational injuries laborer or his/her the family member point of view, all thought the employer proposed originally the conciliatory money make up and compensation can be insufficient, only the penetration legal procedure is able to obtain more money make up and compensation indemnification,only besides the minority case, suffers from the occupational injuries laborer or his/her family member by way of the general conciliatory procedure obtains the money make up and compensation and the penetration legal procedure obtains make up and compensation aggregate amount difference is not big.
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