A recent application for occupational injury coverage was denied, bringing public focus onto the regulations around labor laws.
According to Labor Occupational Accident Insurance and Protection Act guidelines, accidental injuries that occur during commutes to work are considered occupational injuries. This includes the transport of spouses and/or children and/or the purchase of food on the way as long as the time and driving route are reasonable. Provided that no traffic rules have been violated, one is exempted from paying part of the national health insurance cost and can also receive subsidies for hospital meals and disability compensation.
In a recent case, a worker was involved in a car accident while commuting but because he did not use the appropriate driving license, the Labor Insurance Bureau ruled that it was a traffic violation and so no benefits were provided. The worker was operating a “heavy motorcycle,” which is a motorcycle with an engine larger than 250cc, but did not have the required special license. He applied for dispute review by the Labor Ministry claiming that he had passed the examination at the supervisory office and had to leave without paying for the license due to urgent matters. Even though he was documented to have passed the test, the case was still judged to be ineligible for coverage.
Labor Ministry Legal Services Department Deputy Director Tsai Pao-an (蔡寶安) said occupational injury benefit eligibility must not be compromised by traffic violations. He added that anyone can apply to the Labor Ministry or administrative court for dispute review.