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6 Workers’ Accident Compensation |
1. Industrial injury and Worker’s Accident Compensation Insurance
2. Workmen’s Accident Compensation Insurance Benefits
1. Industrial injury and Worker’s Accident Compensation Insurance
The Labor Standards Act stipulates an employer
shall have a duty to pay the employee's medical care expenses and temporary
disability compensation, when he/she is injured or suffers an illness attributed
to his/her employment.
However, compensation is not guaranteed in
cases such as when employers do not have the financial resources. For this
reason, all employers with one employee or more-regardless of whether they
are a corporate firm or a sole-proprietor-have an obligation to join the
Workers' Accident Compensation Insurance. Compensation will be paid by
the Workers' Accident Compensation Insurance if and when an employee suffers
injury during work hours and the employer is a subscriber of the insurance
scheme. However, compensation for absence from work for the first three
days is covered by the company (employer). In addition, all the premiums
shall be borne by the employer.
Employees who sustain injury while commuting
to and from work are provided with the same benefits as those offered for job-related
accidents from the Workers’ Accident Compensation Insurance.
2. Workmen’s Accident Compensation Insurance Benefits
An employee's accident application for compensation should be filed with the Labor Standards Inspection Office in the area where the company is located. It should be submitted by the employee himself/herself or by the bereaved family. The employer is required to support the employee in the procedures of employee's accident compensation insurance benefits.
The following benefits shall be provided;
a. Medical treatment (compensation) benefit:
Free medical treatment is provided until
employees have recovered from any injury or illness attained from work.
As a general rule, treatment should be received at any Rosai hospital around
Japan or designated hospitals. If an employee undergoes treatment at a
non-designated hospital, expenses shall be fully reimbursed by this insurance
later on.
b. Temporary disability (compensation) benefit:
This benefit is equivalent to 60% of the
basic daily benefit (average wages) payable from the fourth day of the
employee’s incapacity, if the employee has been unable to work because
of medical treatment and has been unable to earn his/her wages. In addition,
a special disability benefit equivalent to 20% of the basic daily benefit
will be paid to the worker from the fourth day. Meanwhile, for the initial
3 days of the employee's absence, the employer is obligated to compensate
at least 60% of average wages in accordance with the Labor Standards Act.
c. Injury and disease (compensation) benefit:
Temporary disability compensation benefit
shall be terminated and be replaced by injury and disease compensation
pension when an employee does not recover from Injury /disease after one
year and half from the start of medical treatment; needs further care for
a considerable period of time, and; the injury/disease falls under the
criteria stipulated by the Ministry of Health, Labor and Welfare.
d. Physical disability (compensation) benefit:
A physical disability compensation annuity,
a lump sum or a special supplement shall be paid according to the grade
of disability if any physical handicap remains after the injury or illness
has been cured.
e. Survivor's (compensation) benefit:
The survivor's compensation annuity or a lump sum shall be paid if an employee has died. In addition a survivor's special supplement shall be paid.
f. Funeral expenses (Benefit):
The person who conducts the funeral shall
be paid with 315,000 yen plus 30 days of the basic daily benefit amount,
or 60 days of the basic daily benefit amount, whichever sum is higher when
an employee has died.
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