A traffic policeman was hit by a car and became disabled while on duty! The Ministry of the Interior and the Police Department refused to provide condolences, and the court ordered a back payment of 4.6 million yuan.

In 2018, a police officer named Xu from the Shilin Division of the Traffic Brigade of the Taipei City Police Department was unfortunately hit by a vehicle and injured his cervical vertebra while handling a car accident, resulting in partial disability. Later, Officer Xu received a related consolation payment of NT$700,000. In 2023, he applied for disability benefits again with relevant certificates, but was rejected by the Ministry of the Interior and the Police Department on the grounds that the application deadline was exceeded. After Mr. Xu filed an administrative lawsuit, the Taipei High Administrative Court determined that his disability was causally related to his injury on duty, and ruled that the Ministry of the Interior and the National Police Service should pay back a total of NT$4.6 million in disability safety and consolation payments. Can be appealed.

The verdict pointed out that the police officer surnamed Xu was handling the traffic accident at 7 pm on May 18, 2018, but unexpectedly he was severely hit by a car by a car. Mr. Xu was sent to the hospital and was diagnosed with cervical stenosis of the 4567th cervical vertebra combined with spinal cord injury. Fortunately, he survived. After review, the Ministry of the Interior determined that Officer Xu complied with the police and civilian safety payment regulations and was awarded an injury safety payment of NT$100,000. The Police Department determined that Xu’s situation was in compliance with the police condolences payment regulations and granted him an injury consolation payment of NT$600,000.

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In 2023, Xu Yuan applied for partial disability safety payment and disability consolation payment to the Ministry of the Interior and the Police Department with the hospital's disability certificate. However, the other parties believed that the date of his permanent disability was more than 5 years from the accident and did not meet the 2-year time limit stipulated in the relevant regulations, so the application was rejected.

Officer Xu filed an administrative lawsuit, claiming that the paralysis symptoms of his limbs were caused by a car accident while performing official duties. He continued to receive treatment in the hospital within one year after being discharged from the hospital, and traveled to various medical institutions to seek different medical opinions.

Xu also pointed out that relevant laws and regulations did not stipulate that hospitalization safety benefits and consolation payments could be offset against disability safety benefits and disability consolation payments. Therefore, the hospitalization and medical benefits he had previously received should not be offset from the disability benefits. He hoped that the court would revoke the original sanction and order the Ministry of the Interior and the National Police Service to respectively approve partial disability safety benefits of 500,000 yuan and partial disability consolation benefits of 4.8 million yuan.

Based on the Taipei Veterans General's statement and the appraisal data of National Taiwan University Hospital, the court determined that Xu's existing balance disorder, impairment of limb muscle strength and coordination functions were all sequelae caused by a car accident while on duty. They also met the requirements for disability payment stipulated in the Police Safety Gold Payment Method and the Police Consolation Gold Payment Method. The Ministry of the Interior and the Police Department refused to pay the compensation on the grounds that the time limit was not met, and there was no reason.

The court held that Mr. Xu had previously received NT$100,000 in injury safety benefits and NT$600,000 in consolation payments, so the difference should be offset from the disability benefits. After calculation, the Ministry of the Interior should reissue a partial disability safety pension of 400,000 yuan; the Police Department should issue a disability consolation pension of 4.8 million yuan in accordance with the post-amendment standards. After deducting the 600,000 yuan already received, the police department should issue a reissue of 4.2 million yuan.