第1條 本準則依勞工保險條例(以下簡稱本條例)第三十四條第二項規定訂定之。
Article 1 These Regulations are drawn up in accordance with Article 34 Paragraph 2 of the Labor Insurance Act (hereinafter referred to as the Act)
第2條 被保險人因執行職務而致傷病之審查,除法令另有規定外,依本準則辦理。
Article 2 To examine that injuries and diseases resulting from performance of duties by insured persons, unless there is the stipulation of other Acts, the examination is handled following the Act.
被保險人於勞工保險職業病種類表規定適用職業範圍從事工作,而罹患表列疾病者,為職業病。
Insured persons devote themselves to job suiting the occupational range stipulated by occupational diseases list for labor insurance, and suffer from diseases as the list showing, diseases shall be considered as occupational diseases.
第4條 被保險人上、下班,於適當時間,從日常居、住處所往返就業場所之應經途中發生事故而致之傷害,視為職業傷害。
Article 4 Insured persons incur injuries resulting from accidents occurred while they are on and off duty, at proper time, on the way of round trips from daily residences to employment places, injuries are considered as occupational injuries.
被保險人為夜校學生或建教合作班學生,於上、下班直接往返學校與就業場所之應經途中發生事故而致之傷害,亦同。
If insured persons are students of night schools or a business-education cooperation program, they incur injuries resulting from accidents occurred while they are on and off duty directly on the way there and back from schools to employment places, injuries shall be considered as occupational injuries.
第5條 被保險人於作業前後,發生左列事故而致之傷害,視為職業傷害:
Article 5 Insured persons incur injuries from accidents occurred by conditions as follows before and after the work, injuries shall be considered as occupational injuries:
一於作業開始前,在等候中,因就業場所設施或管理之缺陷所發生之事故。
1.
In case accident occurs due to defects of employment places facilities or managements while they are before the beginning or on waiting of working.
二因作業之準備行為及收拾行為所發生之事故。
2.
Accident occurs due to the preparatory activity and the clearance activity of the work.
三於作業終了後,經雇主核准利用就業場所設施,因設施之缺陷所發生之事故。
3.
After finishing their works, workers use employment places facilities, which approbated by employers, and it occurs accidents due to defects of facilities.
四因勞務管理上之必要,或在雇主之指揮監督下,從飯廳或集合地點赴工作場所途中或自工作現場返回事務所途中,為接受及返還作業器具,或受領工資等例行事務時,發生之事故。
4.
Because of necessaries for managements of the labor service, or under the direction and supervision of employers, accidents occurs while workers take routine affairs such as accepting and giving back production appliances, or receiving wages on the way from a dining hall or a gather location to the workplace, or on the way from the work field to the affairs corporation location.
第6條 被保險人於作業時間中斷或休息中,因就業場所設施或管理上之缺陷發生事故而致之傷害,視為職業傷害。
Article 6 While it is on breaking off or on the rest of working time, insured persons incur injuries from accidents occurred by faults of employment places facilities or managements, injuries shall be considered as occupational injuries.
第7條 被保險人於工作時間中基於生理需要於如廁或飲水時發生事故而致之傷害,視為職業傷害。
Article 7 Insured persons incur injuries from accidents occurred with the time of going to toilet or watering in view of physiological needs on working hours, injuries shall be considered as occupational injuries.
第8條 被保險人於必要情況下,臨時從事其他工作,該項工作如為雇主期待其僱用勞工所應為之行為而致之傷害,視為職業傷害。
Article 8 Insured persons devote themselves to the other job temporarily on necessary conditions, in case this job is the necessary activity for employed workers that employers expect they to do, and they incur injuries resulting from the necessary activity, injuries shall be considered as occupational injuries.
第9條 被保險人因公差由日常居、住處所或就業場所出發,至公畢返回日常居、住處所或就業場所期間之職務活動及合理途徑發生事故而致之傷害,視為職業傷害。
Article 9 Insured persons incur injuries from accidents occurred by official activities and reasonable ways on the period of leaving from their of daily residences or employment places, returning to daily residences or employment places after finishing business for business trips, injuries shall be considered as occupational injuries.
第10條 被保險人經雇主指派參加進修訓練、技能檢定、技能競賽、慶典活動、體育活動或其他活動,由日常居、住處所或就業場所出發,至活動完畢返回日常居、住處所或就業場所期間因雇主指派之活動及合理途徑發生事故而致之傷害,視為職業傷害。
Article 10 While participating in the training program for learning, the skills certification, the skills competition, festival activities, physical activities or other activities assigned by employers, insured persons incur injuries from accidents occurred with activities and reasonable ways assigned by employers on the period of leaving from their of daily residences or employment places and returning to daily residences or employment places after activities have been finished, injuries shall be considered as occupational injuries.
本條例第六條第一項第七款、第八款及第八條第一項第四款規定之被保險人,經所屬團體指派參加前項各類活動,由日常居、住處所或就業場所出發,至活動完畢返回日常居、住處所或就業場所期間因所屬團體指派之活動及合理途徑發生事故而致之傷害,亦同。
Insured persons are so-called under the stipulation in accordance with Article 6 Paragraph 1 Subparagraph 7&8 and Article 8 Paragraph 1 Subparagraph 4 of the Act, in case they participate in a variety of activities of the former item assigned by organizations which they are subordinate, they incur injuries from accidents occurred with activities and reasonable ways assigned by organizations which they are subordinate on the period of leaving from their daily residences or employment places, and returning to daily residences or employment places after activities have been finished, injuries shall be considered as occupational injuries.
第11條 被保險人由於執行職務關係,因他人之行為發生事故而致之傷害,視為職業傷害。
Article 11 While performing their duties, insured persons incur injuries from accidents occurred by other people′s behavior, injuries should be considered as occupational injuries.
第13條 被保險人於執行職務時,因天然災害直接發生事故導致之傷害,不得視為職業傷害。
Article 13 While performing their duties, insured persons incur injuries from accidents that occurred directly by natural disasters, injuries shall not be considered as occupational injuries.
Nevertheless, in case insured persons incur injuries that indirectly resulted from natural disasters, or affairs which they are engaged in have higher risk for suffering from natural disasters, it is not subject to the limits.
但因天然災害間接導致之意外傷害或從事之業務遭受天然災害之危險性較高者,不在此限。
Article 13 While performing their duties, insured persons incur injuries from accidents that occurred directly by natural disasters, injuries shall not be considered as occupational injuries.
Nevertheless, in case insured persons incur injuries that indirectly resulted from natural disasters, or affairs which they are engaged in have higher risk for suffering from natural disasters, it is not subject to the limits.
第14條 被保險人利用雇主為勞務管理所提供之附設設施,因設施之缺陷發生事故而致之傷害,視為職業傷害。
Article 14 While using subsidiary facilities that employers offer for the labor service or management, insured persons incur injuries from accidents occurred by faults of facilities, injuries should be considered as occupational injuries.
第15條 被保險人參加雇主舉辦之康樂活動或其他活動,因雇主管理或提供設施之瑕疵發生事故而致之傷害,視為職業傷害。
Article 15 While participating in the leisure activity or other activities held by employers, insured persons incur injuries from accidents occurred by defects of facilities that employers manage or offer, injuries shall be considered as occupational injuries.
第16條 被保險人因職業傷害或罹患職業病,經雇主同意直接往返醫療院所診療或下班後直接前往診療後返回日常居住處所應經途中發生事故而致之傷害,視為職業傷害。
Article 16 Insured persons incur injuries from accidents occurred on the way of taking diagnosis and medical treatment in medical institutions where they go there and back directly or on the way of taking diagnosis and medical treatment directly and coming back to their daily residences after getting off duty because of their occupational injuries or diseases, this behavior of taking diagnosis and medical treatment is agreed by employers, injuries shall be considered as occupational injuries.
第17條 被保險人於工作日之用餐時間中或為加班、值班,如雇主未規定必項於工作場所用餐,而為必要之外出用餐,於用餐往返應經途中發生事故而致之傷害視為職業傷害。
Article 17 Insured persons incur injuries on the meal time of working days or working overtime, on-duty, in case employers do not stipulate that workers have to meal in workplaces, going outside for meal is necessarily, and they suffer from accidents on the way there and back for meal, injuries shall be considered as occupational injuries.
第18條 被保險人於第四條、第九條、第十條、第十六條及第十七條之規定而有左列情事之一者,不得視為職業傷害:
Article 18 In case insured persons under the stipulation of Article 4, 9, 10, 16&17 incur injuries from conditions as follows, injuries shall not be considered as occupational injuries: