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摘要


台灣近年來,職業性手外傷的病患中,外籍勞工佔有一定的比例。較嚴重的手外傷需多次手術及長期復健,往往需要病患的高度配合,才能達到外觀及功能上的完全重建。在我們治療外籍勞工的經驗中,由於病患相異的文化背景、較差的社經環境、語言障礙、溝通困難、配合度低,加上雇主態度保守,只要求儘早出院,以及醫師本身觀念以為此類喪失工作能力之外籍勞工無法長期滯留台灣,造成我們治療計劃的改變,無法達到預期滿意的結果。為改進上述情況,我們回顧近五年來外籍勞工職業性手外傷的二十七位住院的病患,分析其療程遭遇的組礙,並探討相關保險制度及外籍勞工聘僱管理法則。結論是:外籍勞工的勞動契約依據勞勤基準法,其權利同台灣本地勞工受到保護。任何在工作場所遭受之傷害均屬職業傷害,在醫療完全結束之前雇主不得終止契約,並需予以賠償,也無權幹涉醫療過種。因此,在有法律依據之下,醫師可不受外界干擾,完整治療外籍勞工之手外傷,以達預期滿意之結果。

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並列摘要


The increasing case number of machine-induced mangling hand injuries in the foreign workers has been drawn some attention in recent years. The principle of reconstruction of mangled hand is to restore the basic elements of functional hand, including thumb, one or two (at least one) fingers, and a wide first web space providing basic hand functions such as grasp and pinch. However, in treating occupational hand injuries of foreign workers, our initial planning of treatment was often altered owing to some unexpected situations which illustrate as follows: First, the employers usually express poor support of overall process of treatment and hope to shorten the period of admission. Second, the patients themselves, usually with different cultural background, low socioeconomic circumstance, poor communication and low cooperation, mostly want to return to their countries as soon as possible. Third, the surgeons usually have the impressions that the patients will be expelled from this country immediately since they lost their working capabilities after suffering such severe hand injuries. For better decision making in these clinical dilemma, we reviewed the insurance policies and the laws of foreign labor employment. The conclusion revealed that the right of foreign workers is protected by the labor standards law in Taiwan, and is the same as that of the native workers, and should not be compromised by attitude of the employers. In sum, the doctors should communicate with the patients enable them to fully realize the necessity of functional hand in order to achieve the satisfactory results.

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