History

No. Date Law Name
1. 2008.12.25 Standards Of Labor Insurance Disability Benefits
2. 2013.05.22 Labor Insurance Permanent Disability Benefits Criteria
3. 2015.09.15 Labor Insurance Disability Benefit Payment Standards
4. 2020.10.21 Labor Insurance Disability Benefit Payment Standards
Article 1
These standards are established in accordance with the regulation of Paragraph 1 of Article 54-1 of the Labor Insurance Act (hereafter this Act).
Article 2
Types of disability:
1. Mental
2. Neurological
3. Eye
4. Ear
5. Nose
6. Mouth
7. Internal Organ
8. Torso
9. Head, face, neck
10. Skin
11. Upper limb
12. Lower limb
Article 3
The condition and level of seriousness, evaluation standards, and level of medical institution eligible for issuance of diagnoses are as shown in the table attached.
Article 4
Workers evaluated according to this Act as incapable of work for the rest of their lives refer to workers having disability conditions described in the attached table as loss of the ability to work for the rest of their lives.
Article 5
Disabilities are divided into 15 levels. The corresponding benefits are calculated on a daily basis according to the average daily pay insured:
1. 1,200 days for Level 1
2. 1,000 days for Level 2
3. 840 days for Level 3
4. 740 days for Level 4
5. 640 days for Level 5
6. 540 days for Level 6
7. 440 days for Level 7
8. 360 days for Level 8
9. 280 days for Level 9
10. 220 days for Level 10
11. 160 days for Level 11
12. 100 days for Level 12
13. 60 days for Level 13
14. 40 days for Level 14
15. 30 days for Level 15
The average insured daily pay is calculated by dividing the average insured monthly pay with 30 days according to the regulation of Item 2 of Paragraph 3 of Article 19 of this Act.
The disability levels and payment standards prescribed in the two preceding paragraphs shall no apply when workers request for disability pensions.
Article 6
When the disability condition of an insured person meets the description of the corresponding item in the attached table, besides applying for the disability pension in accordance with the regulation of Paragraph 2 of Article 53 of the Act, the disability benefits shall be remitted in a lump sum according to the level of disability.
The disability level described in the preceding paragraph shall be evaluated according to the following regulations:
1. Benefits for disability that meets the description of any one item listed in the attached table shall be remitted according to the regulation of the said item.
2. Benefits for disability that meets the description of two or more than two items listed in the attached table, in addition to the regulation of Item 3 to Item 6, shall be remitted according to the highest disability level of the said items.
3. Benefits for disability that meets the description of two or more than two items between Level 14 and Level 1 prescribed in the attached table shall be one level above the highest level of disability among the said items. Where the highest level being Level 1, the disability benefits shall be remitted accordingly.
4. Benefits for disability that meets the description of two or more than two items between Level 8 and Level 1 listed in the attached table shall be two levels above the highest level among the said items. Where the highest level being Level 2 or above, benefits for Level 1 disability shall be remitted.
5. Benefits for disability that meets the description of two or more than two items between Level 5 and Level 1 listed in the attached table shall be three levels above the highest level among the said items. Where the highest level being Level 3 or above, benefits for Level 1 disability shall be remitted.
6. Disability that fails to meet any of the items listed in the attached table shall be evaluated to determine the level by comparing with the disability conditions prescribed in the attached table.
7. In the event that the number of days calculated for disability benefits according to the regulation of Item 3 to Item 6 exceeds the total of days of disability benefits for the individual items, the said total of days of disability benefits shall be remitted.
Article 7
According to Paragraph 2 of Article 63-1, where the survivors of the insured opt to receive a lump sum of disability benefits, the payment standards prescribed in the two preceding articles shall apply, with already paid pension amount deducted.
Article 8
The disability statement prescribed in Item 2 of Paragraph 1 of Article 68 of the Enforcement Rules for the Labor Insurance Act shall be issued by a hospital or clinic designated by the Bureau of National Health Insurance (hereafter BNHI). Due to the need of technology and equipment required for confirmation of disability items, the BNHI-designated hospital issuing the disability statement shall be of the level of local community teaching hospital or higher, rated by the Department of Health of the Executive Yuan as of the level of excellence or better according to the new hospital accreditation system, or a hospital certified as a qualified medical institution according to the new hospital accreditation system and the new teaching hospital accreditation system. Where the disability of an insured person takes place in offshore islands such as Penghu County, Kinmen County, Lianjiang County, or in a place outside the coverage of this Act, the diagnosis from the hospital or clinic where the insured seeks medication may be accepted.
Article 9
These standards take effect on January 1, 2009.