| Abstract: | 我國目前用以規範僱主責任相關法規態樣多且錯綜複雜，僱主面對職災責任之法律依據主要有民法之民事損害賠償責任，以及勞動基準法之僱主無過失補償責任。而對受僱人之職災救濟制度則採社會保險給付及僱主補償之雙軌制度。
本文以僱主之角度，探討僱主意外責任保險之承保範圍、不保事項、附加條款、賠償方式等相關條文內容，並比較美國、日本、大陸之保單條款。另分析民法損害賠償責任與勞動基準法及勞工保險之間的關聯性，並釐清僱主對社會保險與傷害保險能否抵充僱主責任之爭議點，以顯現僱主意外責任保險才是企業經營者作為轉嫁僱主責任風險最重要的保險規劃。
最後依論述結論提出建議，對我國行之已久的僱主意外責任保險保單，在因應時代變遷下，對容易引發爭議之承保範圍及除外不保事項等條文內容，有進一步修訂之必要性。國內產險業者或能參考先進國家之條款內容，設計出更符合我國僱主需求的保單內容，則不僅可彌補僱主責任風險，降低勞資爭議，更可藉以開拓產險公司險種經營的另一新契機。
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 China. 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.In response to the changing world nowadays, the conclusions of this study also suggests that it is necessary to further amend some controversial points, such as the insurance coverage, exclusions and the related clauses of employer’s liability insurance policy. The local non-life insurance companies might refer to the insurance policies issued by other advanced countries in order to provide the employers with a more suitable policy of the employer’s liability insurance, which not only makes up with the employer’s liability risks, but also reduces the labor disputes. Moreover, it is of assistance to the non-life insurers to expand the new business opportunities. |
