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The Taiwan Shipping Company was shocked to hear that two workers were burned to death during construction in the cabin on the evening of the 15th. After the Kaohsiung City Labor Inspection Bureau came to the scene to conduct a public security inspection, it was initially determined that the cause may be due to leakage from the welding machine, which caused the workers to get electrocuted and caught fire. He then burned to death, and the labor inspection bureau ordered a shutdown of work at the scene of the crime. (Wu Huifen/Reporting from Kaohsiung)

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What is an "occupational disaster"?

Regarding the definition of occupational accidents, there is no explicit provision in the Labor Standards Act. Although Article 2, Paragraph 4 of the Industrial Safety and Health Act stipulates: "Occupational accidents as mentioned in this Act refer to buildings, equipment, raw materials, Labor diseases, injuries, disabilities or deaths caused by materials, chemicals, gases, vapors, dusts, etc. or work activities and other occupational reasons.” However, this definition is specifically based on special considerations in the labor safety and health law, and it is difficult to think that it is. General definition of occupational disaster. As for the practical determination of the judgment, it is based on the Civil Judgment No. 102 of the 101st Labor Litigation Zi: "The so-called occupational disaster should refer to the death, disability, injury or disease caused by the worker's performance of duties, and the scope of "performance of duties" In addition to the business itself, all necessary and reasonable behaviors incidental to the business should be included, and injuries caused by accidents due to the behavior of others due to the performance of duties should also be regarded as occupational injuries. "In other words, Injuries to workers caused by their work activities or other occupational reasons are all occupational disasters.

Compensation for occupational accidents

1. If the occurrence of an occupational disaster is related to dangerous factors in the working environment, the worker or his or her family members shall seek compensation from the employer for failing to fulfill their responsibilities for controlling the safety of the working environment in accordance with the tort provisions of Article 184 of the Civil Code. However, according to the provisions of Article 184 of the Civil Code, workers or their families must prove in litigation that "damage occurred", "the employer was negligent" and "there is a substantial causal relationship between the employer's fault and the damage". , in order to obtain compensation, the process of proof is not only complicated and lengthy, but also often fails to prove successfully, resulting in workers and their families being unable to claim compensation.

2. In order to protect and take care of the rights and interests of workers, China’s labor laws and regulations have specifically stipulated the request for “occupational accident compensation”. According to Article 59 of the Labor Standards Act: “Workers who suffer from occupational accidents such as death, disability, In the event of injury or illness, the employer shall compensate according to the following provisions. However, if the employer has paid compensation in accordance with the labor insurance regulations or other laws and regulations for the same accident, the employer may offset the compensation: 4. The worker suffers an occupational injury. When a worker dies due to an occupational disease, in addition to five months’ average wages for funeral expenses, the employer shall also provide his or her survivors with a lump sum of forty months’ average wages as death compensation. The order in which the survivors receive death compensation is as follows: ( 1) Spouses and children. (2) Parents. (4) Grandchildren. (5) Brothers and sisters. According to the above provisions, in addition to the general civil liability for occupational disasters, There is still a statutory liability for compensation to workers, and this statutory liability for compensation is different in nature from civil liability for compensation. It is of the nature of "no-fault" liability. It does not necessarily require that the employer has intentionality or negligence in causing the accident. When compensation is paid, it is not necessary to prove many requirements as in Article 184 of the Civil Code in order to claim compensation, only that the person making the claim is the "employer". Therefore, if according to the news, a worker dies due to an occupational accident, according to Article 59 of the Labor Standards Act, the worker’s family can directly request from the employer for funeral expenses equivalent to 5 months’ average wages, and 40 months’ worth of funeral expenses. Death compensation costs are based on average wages without proving the connection between the employer and the occupational accident, in order to quickly protect workers' rights and interests.