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Regulations of Issuance for Allowance and Subsidy for Insured Persons Diagnosed with Occupational Diseases After Withdrawing from Labor Occupational Accident Insurance(2024.07.15) Chinese

1.Promulgated on March 9, 2022
2.Amended on July 15, 2003
Article 2 By the provisions of Paragraph 1 of Article 78 of the Act, the requirements and entities who may apply to the insurer for subsidies or allowances are as follows:
1. Medical care subsidies: Those who visit NHI hospitals or clinics for outpatient or inpatient treatment due to occupational diseases, and pay their expenses as stipulated by the National Health Insurance Act.
2. Permanent disability allowance: Those who suffer a permanent disability due to occupational diseases whose degree of disability conforms to the provisions of the disability benefit standard of labor occupational accident insurance.
3. Death allowance: Surviving family members of those who pass away due to occupational diseases.
The provisions of Articles 52 and 53 of the Act shall apply mutatis mutandis to the receiving surviving family members, priorities, and method of distribution of death allowance to surviving family members specified in the preceding Paragraph.
Insured persons as stipulated in Article 78 of this Act include those insured under labor occupational accident insurance and those who were insured under labor insurance before the implementation of this Act but have since left employment and withdrawn from the insurance.

Article 5 Those who apply for permanent disability allowance by Subparagraph 2, Paragraph 2 of Article 2 may only apply once.
After receiving permanent disability allowance by the provisions of the preceding Paragraph, if death is caused by occupational disease, the surviving family members may only claim death allowance deducted by the difference of the amount of disability allowance already received.
An insured person who left employment and withdrew from labor insurance but had already claimed permanent disability benefits under Article 20-1 of the Labor Insurance Act dies due to an occupational disease after the implementation of this Act. In this case, surviving family members may only claim the difference between the death allowance and the already received permanent disability benefits. The calculation shall be in accordance with the following provisions based on the manner in which the permanent disability benefits were claimed:
1. Permanent disability lump sum benefit: the death allowance minus the permanent disability lump sum benefit already received.
2. Permanent disability pension: the death allowance minus the amount of the permanent disability pension and occupational injury or disease disability compensation already received.

Article 14 These Regulations shall be enforced on May 1, 2022.
The amended provisions of these regulations shall take effect from the date of promulgation.