我國職災補償制度,係從職業災害雇主之民事責任的特別法開始,乃至基於職災補償制度之雇主的補償責任與基於民事責任之普通法所生之雇主責任。因此是准許受害勞工除受有職災補償之外,仍得依民法之規定向雇主請求賠償的併存制度。因此一旦員工遭遇職業災害,雇主為避免相關的補償與賠償的責任,無不拒絕認定該事故係屬職業災害,而職業精神疾病因其具有難以特定其發病原因的特質,於職業災害的認定更是複雜,更使得員工得不到其應得的損害填補,實有違職業災害勞工保護法之立法意旨。著眼於此,本文嘗試將保險的功能應用於雇主對於職業災害勞工的補償及賠償機制,以貫徹職業災害勞工保護法為保護勞工的意旨,並達成企業永續經營、勞工安全獲有保障及社會祥和安定之三贏局面。
The compensatory institution of occupational injury in Taiwan began from the special law, which is the department of law of the civil liability of employer occupational injury. Even based on the employer's responsibility to compensate the occupational injury compensation institution and based on common law of civil liability of the owner of born based on responsibility. So it’s permitted the injured labors except have occupational injury compensation, still may, according to the Civil rule to request the employer the compensation’ s coexist institution. Therefore, once the employee suffered an occupational injury, the employer in order to avoid the related liability of compensation and reparation, all refused to identify the accident belongs to occupational injury. And the occupation’s mental illness is hard to identify the caused reason because the specific characteristics, and more complicate in occupational injury identified, even let employees can’t deserve their right to fill their damage. It is against the legislative intent of the occupational injury of labor protection laws. Focus on this, this article attempts to apply the insurance function to employers for occupational injury compensation and reparation mechanism, to implement the occupational injury of labor protection laws for the protection of labor's meaning. And to reach business continuity, labor protection and social security to create harmony and stability of the win-win situation.