| Summary: | 碩士 === 國立臺灣大學 === 健康政策與管理研究所 === 107 === In Taiwan, worker’s compensation insurance benefits are provided to workers suffering from occupational injuries. However, many victims still chose to file lawsuits for compensation. In this study, a total of 298 civil judgements related to occupational accidents issued by the courts in 2017 was collected and analyzed to explore the causes of filing lawsuits. The results showed that the success rate of injured workers in winning civil litigation was 61.8%, and the average duration was 1.6 years. Among the cases occurring in the construction industry, defendants were more likely to involve other parties other than employers and employees. Among the cases in which workers won (N = 168), 18% were related to “lack of insurance coverage”, 26% were related to “insufficient deduction” and 35% were related to “lack of subrogation”- these lawsuits were likely due to loopholes of the labor insurance system. While the remaining 21%
of the cases involved winning targets other than “occupational accident compensation” or “damage compensation”, thus was not directly related to the designs and functions of the worker’s compensation insurance system. Based on research findings, the author suggests to expand the coverage of occupational accident insurance to all employees, increase the amount of insurance benefits, and establish a system of insurance subrogation, in order to reduce the litigation burden of injured workers.
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