The current state of laws and regulations for the occupational accidents attributed to employer’s liability are various and complicated. The legal liability assumed by the employers is mainly based on the Civil Law and Labor Standards Act. In Taiwan, an injured worker can be compensated by a dual system of labor insurance and employer’s liability.
This study, from the employers’standpoints, analyzes the coverage, exclusions, various endorsements and limits of liability of employer’s liability Insurance, as well as compares the differences of those items above applicable in four countries, i.e. Taiwan, America, Japan and United Kingdom. In addition, this study also analyzes the employers’ responsibilities in respect of the Civil Law, Labor Standards Act and Labor Insurance Act, and further clarifies the conflicts whether the indemnification of labor insurance and personal accident insurance can fully cover the employer’s responsibilities. We find that employer’s liability Insurance is the most important risk transfer vehicle for the enterprises.
We are hoping to find the center of gravity of work practice experience the problem, and make practical recommendations. Therefore, our approach is to identify the basis of "the employer should bear the liability in accordance with law," the provisions of the relevant laws start with, and then in Taiwan''s insurance can be provided to protect the insured, as well as reference to foreign policy provisions examine whether there may be worthwhile to learn from the place, and then sorting out the conclusions.