Opinions of the Ministry of Human Resources and Social Security on Certain Issues Concerning the Implementation of the Regulations on Work-related Injury Insurances (”Opinions”)

Opinions has been released on 25th April, 2013, it has further explained the issues regarding the implementation of Regulations on Work-related Injury Insurances in the following aspects:

To further define the definition of “work-related travel”, “employee’s non-primary liability”, “intentional crime”, “”intoxication or drug abuse”. For example, “work-related travel” shall be considered whether such travel of the employee is related to the work assigned by the employer and whether such accident and injury the employee suffers from is attributable to the work.

To further regulate the issues related to occupational disease, such as the procedure and period of diagnose, standards of the benefits and the payment subject. For example, where a person has been diagnosed with an occupational disease after leaving a post that exposes individuals to hazardous conditions consistent with such a disease, he/she may apply for the determination of work-related injury within one year since the day of such diagnosis.

To further clarify the benefits for the employee who suffers several work-related injuries in the same enterprise during a continuous working period. If the employee meets the requirements stipulated in Article 36 and 37 of Regulations on Work-related Injury Insurances, he/she can obtain a lump-sum work-related injury medical subsidy, and a lump-sum disability employment subsidy based on the highest disability class of work-related injury occurred in the same enterprise.