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    ASIA unversity > 管理學院 > 財經法律學系 > 博碩士論文 >  Item 310904400/116905

    Please use this identifier to cite or link to this item: http://asiair.asia.edu.tw/ir/handle/310904400/116905

    Title: 職業災害及法律風險預防之研究
    Other Titles: Research on Prevention of Occupational Accidents and Legal Risks
    Authors: 陳美足
    Contributors: 莊晏詞;施茂林
    Keywords: 調解;職業災害補償;勞動事件法;風險預防;雇主責任險
    employer liability insurance;occupational accident compensation;risk prevention;mediation
    Date: 2023
    Issue Date: 2023-11-22 09:17:09 (UTC+8)
    Abstract: 勞資關係中,經常有勞工與雇主因各種爭議而對簿公堂,如:加班費,工資,解僱等糾紛。但對勞工而言,前述之爭議至多就是權益上之受損,依然可正常工作,不至於發生生計問題。但若因職災事件而訴訟於公堂,那麼事情就不能等閒視之,畢竟職災之情節可大可小,受災情況有重有輕,輕者住院開刀,重者可能終生癱瘓抑或者死亡。所以勞工發生職災,工作能力有可能因此而喪失,所以筆者認為,在各類型的勞資爭議中,屬職災爭議對勞工權益之影響最為巨大。從過去經驗觀察,無論勞工或雇主,對於職災之法令相關規定多半為一知半解,因此,在職災事故發生時,雇主往往給付不足或未能即時給付,而勞工因未獲得足額補償而認定雇主刻意規避責任,進而訴諸訴訟以求紛爭解決。一般民眾對於不同法規適用的情形無法全面理解,更無法熟悉法律救濟制度之行使,於是往往喪失自身權益而不自知;相同地,經營者或受雇工作者亦應就勞動法中關於職災所衍生之議題詳加認識。勞動基準法所規範的職業災害補償制度,對於勞工來說就是最即時的經濟上支持,惟當勞資雙方對於職業災害補償,產生認知上之差異時,司法訴訟雖然係屬最後的紛爭解決手段,但漫長的審理過程,勞工需要額外負擔經濟及時間上之成本,也使得勞工視司法訴訟程序為畏途。勞資爭議調解則係屬現行實務上最廣泛被使用的訴訟外紛爭解決機制,希冀透過設置此制度,能夠使勞工權益能夠更快速及更便捷的獲得應有的補償。除此以外,風險預防是避免災害最根本解決之道。故本文特別提出法令修正及行政措施調整之建議,期盼能夠使遭遇職業災害之勞工,權利能夠即時獲得救濟,並撫平傷痛。
    In labor-management relations, disputes between workers and employers often end up in court due to various issues, such as overtime pay, wages, and dismissal. For laborers, such disputes may only bring about damages to their rights and interests, and they can still work normally without livelihood problems. However, if a lawsuit is filed in court due to an occupational accident, the matter cannot be disregarded. After all, the severity of workplace accidents can vary greatly, with some requiring hospitalization and surgery, while others can result in lifelong paralysis or even death. The working ability of laborers would be lost on account of workplace accidents. Therefore, occupational accident disputes are believed to have the greatest impact on workers' rights and interests among all types of labor disputes. Based on past experience and observation, both workers and employers often only partially understand the relevant laws and regulations regarding workplace accidents. Accordingly, when workplace accidents occur, employers often underpay or fail to pay compensation promptly. Workers may then believe that their employers are intentionally evading responsibility and resort to litigation to resolve disputes due to not receiving adequate compensation. Owing to the insufficient understanding of the application of different regulations and the exercise of legal remedies, the general public forfeits their own rights unconsciously. As a result, employers or employees should also have a thorough comprehension of the issues arising from occupational accidents under labor laws. The occupational accident compensation system regulated by the Labor Standards Act is the most immediate economic support for workers. When the understanding of occupational accident compensation between employers and employees is inconsistent, judicial litigation is the final means of resolution. Nonetheless, the lengthy trial process imposes additional economic and time costs on laborers, making the laborers take the judicial litigation process as a daunting task. Mediation of labor disputes is currently the most widely used litigation alternative for resolving disputes outside the court system. By establishing this system, it is hoped that workers' rights and interests can be compensated more quickly and conveniently. In addition, risk prevention is the most fundamental solution for damage avoidance. Therefore, the current study presents suggestions for legal revisions and administrative measures adjustment, with the expectation that workers who suffer from occupational accidents can receive immediate relief and healing of their injuries.
    Appears in Collections:[財經法律學系] 博碩士論文

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