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Regulations of Application for Occupational Accident Insurance Disability Benefits for Insured Person Diagnosed With Occupational Disease Withdrawn from Labor Insurance
1.中華民國九十年十二月十二日行政院勞工委員會（90）台勞保三字第 0 060101 號令訂定發布全文 5 條 2.中華民國九十二年二月六日行政院勞工委員會勞保三字第 0920005904 號令修正發布第 1 條條文 3.中華民國九十七年十二月二十五日行政院勞工委員會勞保 3 字第 097 0140677 號令修正發布名稱及全文 6 條；並自九十八年一月一日施行 （原名稱：勞工保險被保險人離職退保後始診斷確定罹有職業病者請領 職業災害保險殘廢給付辦法；新名稱：勞工保險被保險人退保後罹患職 業病者請領職業災害保險失能給付辦法） 4.中華民國九十九年十月八日行政院勞工委員會勞保 3 字第 099014044 4 號令修正發布第 4、6 條條文；並自發布日施行 中華民國一百零一年二月三日行政院院臺規字第 1010122318 號公告第 5 條第 2 項所列屬「行政院主計處」之權責事項，自一百零一年二月 六日起改由「行政院主計總處」管轄 中華民國一百零二年七月十九日行政院院臺規字第 1020141353 號公告 第 2 條第 1 項第 2 款所列屬「行政院衛生署」之權責事項，自一 百零二年七月二十三日起改由「衛生福利部」管轄 5.中華民國一百零五年三月十六日勞動部勞動保 3 字第 1050140108 號 令修正發布第 2、5 條條文
資料來源：全國法規資料庫（ChOrder.json，版本 2026/7/24 上午 12:00:00）・政府資料開放授權
These regulations are enacted in accordance with Paragraph 2 of Article 20-1 of the Labor Insurance Act (hereafter referred to as this Act).
1According to the regulation of Article 20-1 of the Act, in addition to the certificates prescribed in Paragraph 1 of Article 68 of the Enforcement Rules of the Labor Insurance Act, applicants for occupational accident insurance disability benefits shall submit the following documents:
21. Descriptions of the nature, content and duration of work, as well as of the work environment or toxic substance the applicant was exposed to before leaving the job.
32. Certificate of occupational disease diagnosis.
43. Proof of tests on the environment in which the insured has worked – where such proof is unavailable due to the original business operation has closed down, the applicant shall submit the record of medical treatment for the disease for at least one year and physical checkup results. If necessary, the applicant is required to provide related pathology and biopsy reports.
5Certificate of occupational disease diagnosis referred to in the preceding Subparagraph 2 issued with a diplomate in the hospital shall be meet at least one of the following required：
61. Be a hospital rated as of the level of excellence or better by hospitals accreditation conducted by the competent central health authority.
72. Be a medical center or regional hospital rated as qualified by hospitals accreditation conducted by the competent central health authority.
83. Be a hospital rated as qualified by hospitals accreditation and teaching hospitals Accreditation conducted by the competent central health authority.
A worker diagnosed as having an occupational disease after withdrawal from labor insurance may still apply for disability benefits according to related regulations in this Act. Those who opt to receive the disability benefits in a lump sum may apply once only.
1When an insure person applies to receive the general disability benefits for an occupational disease in a lump sum as prescribed in the preceding article, the total days of benefits already remitted against previous applications shall be deducted.
2When an insured person applies for the occupational disability pension, besides payment for the pension according to the regulation of Article 53 of this Act, half of the amount already remitted shall be deducted from the 20-month lump sum given as occupational disability compensation. In the event that the said lump sum is smaller than the amount deductible, 20% of the monthly disability pension shall be deducted until half of the already remitted amount is recovered. (Payment = Disability pension + “20-month lump sum given as occupational disability compensation – half of general disability benefits already remitted”)
3When an insured person applying for the occupational disability pension has already received the general disability pension for an occupational disease as prescribed in the preceding article, in addition to continued payment of the pension, there shall also be a 20-month lump sum given as occupational disease compensation. (Payment = Disability pension + 20-month lump sum given as occupational disease compensation)
1The average insured monthly salary of an applicant for disability benefits is calculated as follows:
21. The average monthly salary insured for the disability pension shall be calculated according to Subparagraph 1 of Paragraph 3 of Article 19 of this Act.
32. The average insured monthly salary of workers applying to receive disability benefits in a lump sum shall be the average of the monthly salary insured in the six months immediately before the worker withdrew from labor insurance. For benefits to be paid on a daily basis, the payment shall be the average insured monthly salary divided by 30 days.
4The average insured monthly salary prescribed in the preceding paragraph shall be adjusted with consumer price fluctuation taken into consideration according to the Consumer Price Indexes for the Taiwan Area from the Directorate-General of the Budget, Accounting and Statistics institutions in the central government based on different annual and monthly periods.
5In the event that the adjusted average insured monthly salary falls below the Grade 1 salary in the Table of Grades of Insurance Salary or the average insured monthly salary before adjustment, payment of benefits shall be made according to the Grade 1 salary in the Table of Grades of Insurance Salary or the average insured monthly salary before adjustment. In the event that the adjusted average insured monthly salary exceeds the highest grade in the Table of Grades of Insurance Salary, according to the highest grade of salary in the Table of Grades of Insurance Salary.
1These regulations take effect on January 1, 2009.
2Articles amended since the date of promulgation.
94. Be a National Health Insurance contracted hospital or clinic of a diplomate with occupational medicine passed the specialist examination of the competent central health authority.
10The insured person who is in Penghu County,Kinmen County,Lienchiang County or other offshore islands, certificate of occupational disease diagnosis referred to in the second subparagraph of first paragraph in this Article may be issued from the origin National Health Insurance contracted hospital or clinic and is not restricted by the preceding paragraph.
11The insured person diagnosed occupational disease outside of the enforcement areas of this Act, certificate of occupational disease diagnosis referred to in the second subparagraph of first paragraph in this Article may be issued from the origin hospital or clinic and is not restricted by the preceding paragraph.
12Marble, coal and metal mine workers with pneumoconiosis shall not be required to submit the proof of tests on the work environment prescribed in the third subparagraph of first paragraph in this Article if they are unable to produce such proof.