The Study of Occupational Disease Covered by Commercial Insurance

• Main Authors: HUNG,CHIEH-JEN, 洪介仁
• Other Authors: Wang,An-Hsiang
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/44h587

碩士 === 國立中正大學 === 勞工關係學系碩士在職專班 === 107 === Occupational accident is a nightmare for the labor and management, it is an irreparable harm for labor, and the employers also need to afford the risk when running a company. The occupational disease, which is a one kind of occupational accident, is an underestimated risk nowadays and the labor and management always have arguments in the process of recognition. When the laborer is diagnosed with occupational disease, he has every right to ask for claims from the company as what is stated in the Employers compensation insurance of Labor Standards Act. However, if the compensation is not enough to cover the damage laborers have, they will conduct a civil lawsuit. It’s a long-time process, so the laborer and management will easily have a negative attitude to deal with occupational disease. Expecting the insurance helps employers to cover the compensation of occupational disease, and at same time, laborer also gets enough compensation for loss. In order to understand how the labor and management handle with the situation of occupational disease, and know the employers how to transfer risk by insurance. The study consists of 11 people including labor groups, employers, occupational medicine doctors, insurance company and government. The study found two conclusions: 1. Current commercial insurance can’t cover all kind of occupational diseases and the insurance company finds it hard to estimate uncertainty of loss from occupational disease. 2. It lacks flexibility when the premium rate of insurance and identification of occupational disease all refer to Bureau of Labor Insurance. From the above study, if the Bureau of Labor Insurance can release more data about occupational disease, it will help insurance company to design a better product to match the real situation. The most important of all is laborers can get reasonable compensation to enhance welfare and reduce labor disputes.