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When the work contract of an occupational accident worker who participates in labor insurance is terminated during the occupational accident medical care period and when the worker withdraws from the Insurance, the worker may continue to participate in labor insurance through a labor organization or a relevant organization entrusted by the insurer as the insured unit until the date on which the worker meets the conditions for senior benefit, without restrictions under Article 6 of the Labor Insurance Act.
When the worker under the previous paragraph voluntarily continues participation in labor insurance, the regulations about the insurance qualifications, insurance procedure, insurance coverage, insured salary, bearing and subsidy of insurance premium, insurance benefit and other compliance matters shall be prescribed by the central competent authority.

When an insured person performing harmful work defined under the second paragraph of Article 63 withdraws from Insurance, following diagnoses by a physician specializing in occupational medicine from a medical institution approved under the first paragraph of Article 73 that such insured person has suffered occupational disease due to the performance of job duties during the period of insurance, the insured person may seek medical subsidy, Permanent disability or death allowance from the insurer.
The central competent authority shall prescribe the regulations about the target of subsidy and allowance under the previous paragraph, the determination procedure, the standards of issuance and other compliance matters.
Those who suffer from occupational disease defined under the first paragraph may seek subsidy in accordance with Articles 79 and 80.

When an insured person suffers Occupational injury or disease and is diagnosed by a physician or evaluated by other professionals to require the use of assisting tools, if no subsidy for the same assisting tool item has been collected in accordance with other laws, the insured person may seek a tool subsidy from the Bureau of Occupational Safety and Health, Ministry of Labor (hereinafter referred to as “Occupational Safety Bureau”).

When an insured person has any of the following events due to Occupational injury or disease, an application may be filed with the insurer to seek care subsidy:
1.Meeting the conditions under the first paragraph of Article 42 and under hospitalized treatment.
2.Evaluated as lacking work capability for life, loss of full or partial self-care capabilities, frequent need for medical care and close personal care or requirement of assistance from others for daily activities required for maintaining life.

Any worker who did not participate in the Insurance but suffers Permanent disability or death due to Occupational injury or disease after implementing the Act may seek care subsidy, Permanent disability subsidy or death subsidy from the insurer.
The regulations about the conditions for subsidy under the previous two articles and the previous paragraph, the standards, application and approval procedure and other compliance matters shall be prescribed by the central competent authority.

The right to claim allowance or subsidy by occupational accident workers under Articles 78 to 81 shall cease to exist if it is not exercised within 5 years from the date on which the request may be made.

Upon completion of medical care, if the competent authority discovers that any occupational accident worker is suspected of having suffered from physical/mental disability, it shall give notice to the local social administration competent authority for active assistance.

No employer shall terminate the labor contract with any occupational accident worker without prior notice unless there is any of the following events:
1.Business closure or serious losses, filed and approved by the competent authority.
2.Upon completion of medical care, the occupational accident worker is deemed by a hospital that passed the hospital appraisal by the central health and welfare competent authority to suffer from physical/mental disability and is incapable of work.
3.Impossibility to continue business operation due to natural disaster, accident or other events of force majeure, reported and approved by the competent authority.
When an employer terminates a labor contract with prior notice in accordance with the previous paragraph, the provisions of the Labor Standards Act about prior notice to the worker apply mutatis mutandis.

If there is any of the following events, an occupational accident worker may terminate the labor contract:
1.Physical/mental disability and incapability to work determined by a hospital that passed the hospital appraisal by the central health and welfare competent authority.
2.Reorganization or assignment of the enterprise, leading to the cease of the existence of the enterprise.
3.The employer fails to assist the worker to reinstate the previous work or arrange suitable work in accordance with the first paragraph of Article 67.
4.Failure to reach an agreement with the employer about work arrangement under the first paragraph of Article 67.
When an occupational accident worker terminates the work contract in accordance with subparagraph 1 of the previous paragraph, the provisions of the Labor Standards Act about prior notice to the employer apply mutatis mutandis.

When an employer terminates the labor contract in accordance with subparagraph 1 or 3, the first paragraph of Article 84 or a worker terminates the labor contract in accordance with subparagraphs 2 to 4, the first paragraph of the previous article, the employer shall pay the worker concerned severance by application mutatis mutandis of the provisions of the Labor Standards Act or the Labor Pension Act based on the worker’s seniority. However, if the worker meets the requirements under Article 53 of the Labor Standards Act, the employer shall pay pension to the worker in accordance with Articles 55 and 84-2 of the Labor Standards Act.
When an employer terminates the labor contract in accordance with subparagraph 2, the first paragraph of Article 84 or when a worker terminates the labor contractin accordance with subparagraphs 1, the first paragraph of the previous article, the employer shall pay the worker concerned severance by application mutatis mutandis of the provisions of the Labor Standards Act or the Labor Pension Act based on the worker’s seniority.
For workers who are not subject to the Labor Standards Act or if the employer terminates the labor contract in accordance with Article 84, the employer shall pay a departure fee based on a calculation standard that is not less than severance under the Labor Pension Act and the payment shall be made within 30 days from the termination of the labor contract, except if severance, pension or other payment of similar nature has been made in accordance with other laws.

A worker suffering an occupational accident still retained after business restructure or ownership transfer of a business entity has become physically or mentally disabled and partially or entirely lost their capability to work as a result of occupational accidents, the original rights of the said worker as prescribed in related laws or the labor contract shall survive for the new employer.

Before the occupational accident is determined, the worker concerned may request for ordinary sick leave first. When the said ordinary sick leave expires, the employer shall regard the worker as on leave without pay and give the said worker occupational sick leave once the occupational accident is determined.

A business entity contracts out its work to a contractor; the contractor concerned for the workers under the contract shall be severally and jointly liable with the business entity for the compensation of occupational accident. The same shall equally apply to subcontractors.
The business entity or the contractor referred to in the preceding paragraph may claim for reimbursement for the portion paid from the employer of worker suffering an occupational accident.
Standards for compensating the occupational accident prescribed in the preceding two Paragraphs shall follow the provisions of Labor Standards Act. The expense that an employer of worker has already paid for the same incident in accordance with the Labor Insurance Act or other regulations may be deducted from the compensation.

Before an insured person suffering Occupational injury or disease seeks collection of insurance benefit under the Act. If the employer has paid occupational accident compensation in accordance with Article 59 of the Labor Standards Act, after the insured person collects the insurance benefit, the employer may ask the insured person to return the amount of setoff under the same article.
Before an insured person suffering Occupational injury or disease who the Labor Standards Act does not govern seeks collection of the insurance benefit, if the employer has paid a compensation or indemnification amount, after the insured person collects the insurance benefit, the employer may claim setoff and aside for reimbursement.
If an insured person suffers Occupational injury or disease leading to death or Permanent disability, the employer has arranged insurance and paid insurance premium in accordance with the Act, and the insurer has confirmed the insured incident, the compensation payable by the employer in accordance with Article 59 of the Labor Standards Act shall be based on the amount of difference between the worker’s average wage and average insured salary and calculated based on standards under subparagraphs 3 and 4, Article 59 of the Labor Standards Act.

An employer shall compensate for the damages to workers as a result of occupational accidents unless the employer can produce proof of non-negligence.