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工傷保險條例(英文)(留存版)

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【正文】 governments of provinces, autonomous regions and municipalities directly under the central government.  Article 36 If an Employee suffers from a relapse of the workrelated injury and is confirmed as in need of medical treatment, the Employee shall be entitled to the workrelated injury benefits specified in Articles 29, 30 and 31 hereof.  Article 37 In the case of a workrelated death of an Employee, the directlyrelated family members of the Employee shall receive a funeral allowance, bereavement payments for dependent family members and a lump sum workrelated death allowance from workrelated injury insurance funds in accordance with the following provisions:  1. the funeral allowance shall be six months39。s wages for 12 months; for class eight disability, the Employee39。國amp。s governments of provinces, autonomous regions or municipalities directly under the central government.  PART THREE DETERMINATION OF WORKRELATED INJURY  Article 14 An Employee shall be determined as having a workrelated injury if:  1. he is injured in an accident at work during working hours in the workplace;   2. he is injured in an accident while engaging in preparatory or finishingup work related to work before or after working hours in the workplace;  3. he is injured by violence or in other accident in his performance of job duties during working hours in the workplace;  4. he suffers from an occupational disease;  5. he is injured at work or his whereabouts became unknown in an accident, during workrelated travel;  6. he is injured in a motor vehicle accident while going to or returning from work; or  7. he is in other circumstances that shall be determined as workrelated injury according to the provisions of laws and administrative regulations.  Article 15 An Employee shall be deemed as having a workrelated injury if:  1. he dies immediately or within 48 hours after emergency treatment for a disease suddenly arising during working hours in the workplace;  2. he is injured in an act to protect national interests or public interests such as emergency rescue and disaster relief; or  3. he is injured and disabled in war or on duty while in military service and has obtained a revolutionary injured and disabled soldier certificate, and suffers from a relapse of the old injury while being employed by the Employer.  Where an Employee is in the circumstance of Item (1) or (2) of the preceding paragraph, he shall be entitled to workrelated injury insurance benefits in accordance with the relevant provisions hereof. Where an Employee is in the circumstance of Item (3) of the preceding paragraph, he shall be entitled to workrelated injury insurance benefits other than the lump sum disability allowance in accordance with the relevant provisions hereof.  Article 16 An employee shall not be determined or deemed as having workrelated injury if:   1. he is injured or he dies as a result of mission of crime or violation of public security administration;  2. he is injured or he dies as a result of intoxication; or  3. he inflicts harm on himself or mits suicide.  Article 17 If an Employee is injured in an accident or diagnosed or certified as having occupational disease pursuant to the provisions of the Prevention and Treatment of Occupational Diseases Law, his work unit shall file an application for determination of workrelated injury to the administrative department of labour security of the relevant pooling region within 30 days of the date of occurrence of the accidental injury or the date of diagnosis or certification of the occupational disease. In special circumstances, the time limit for application may, subject to the consent of the administrative department of labour security, be extended as appropriate.  If the Employer fails to file an application for determination of workrelated injury pursuant to the preceding paragraph, the Employee with workrelated injury, his directlyrelated family members or the trade union may directly file an application for determination of workrelated injury to the administrative department of labour security of the pooling region in which the Employer is located within one year of the date of occurrence of the accidental injury or the date of diagnosis or certification of the occupational disease.  Matters concerning the determination of workrelated injury that is required under the first paragraph of this Article to be conducted by the administrative department of labour security at the provincial level shall be handled by the administrative department of labour security of a municipality having districts in which the Employer is located according to the principle of jurisdiction.  If the Employer fails to file an application for determination of workrelated injury within the time limit prescribed in the first paragraph of this Article, the relevant expenses such as the workrelatedinjury benefits that ply with the provisions hereof arising during this period shall be borne by the Employer.   Article 18 When filing an application for determination of workrelated injury, the following materials shall be submitted:  1. an application for determination of workrelated injury;  2. the evidential materials of labour relationship with the Employer (including de facto labour relationship); and  3. a certificate of medical diagnosis or a certificate of diagnosis of occupational disease (or an assessment of diagnosis of occupational disease)。s wage and for class six disability, 60% of the Employee39。s death, was dependent on the Employee for primary source of ine and that has no work capability. The standards are: 40% per month for the spouse, 30% per person per month for other family members, with an additional 10% on the basis of the aforementioned standards per person per month in the case of an elderly living alone or an orphan. The sum of the bereavement payments to all dependent family members so determined shall not b
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