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Back員工觸電慘死意外揪出雇主漏保8年 勞保局追討134萬獲法院支持
員工觸電慘死意外揪出雇主漏保8年 勞保局追討134萬獲法院支持
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自由时报6 hours agoLaw3 min readChinaView translation

員工觸電慘死意外揪出雇主漏保8年 勞保局追討134萬獲法院支持

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德嘉工程有限公司未為員工黃男投保職業災害保險,黃男於2022年8月19日在工廠遭電擊致死。勞保局支付遺屬28萬1060元後,向公司追討134萬5500元。台北高等行政法院二審逆轉一審判決,認定公司仍須全額繳納,全案確定。

AI-generated summary

Why It Matters

黃男自2014年8月起在德嘉工程有限公司工作,但雇主未依規定為其辦理職業災害保險。2022年8月19日,黃男在工廠遭受嚴重電擊,導致左手食指、右前臂電擊灼傷,最終因神經性休克死亡。家屬向勞保局申請職災死亡給付,勞保局於2023年2月4日核定自2022年8月起,按月發放1萬6445元遺屬年金以及14萬9500元喪葬津貼。勞保局隨後發現德嘉工程未依法投保,於2023年3月6日發函要求公司在15日內繳納134萬5500元。

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德嘉工程有限公司一名黃姓員工4年前在廠房因公殉職,勞保局支付遺屬28萬1060元後,竟發現雇主自2014年起便未替他投保職災保險,勞保局因此向公司追討134萬5500元;德嘉工程不服興訟抗罰,一審認為僅須繳納實際發放給遺屬的28萬1060元。勞保局上訴後,台北高等行政法院二審認定應按遺屬一次金標準計算,逆轉判決公司仍須全額繳納134萬5500元,全案確定。

判決指出,某黃姓員工自2014年8月起便在德嘉工程有限公司工作,但雇主卻未依照規定為其辦理職業災害保險;事隔8年以後,黃男於2022年8月19日在工廠遭受嚴重的電擊,導致其左手食指、右前臂電擊灼傷,最終因神經性休克死亡。

黃男過世以後,家屬向勞保局申請職災死亡給付,經勞保局審查通過以後於2023年2月4日核定自2022年8月起,按月發放1萬6445元的遺屬年金以及14萬9500元的喪葬津貼。

不過,勞保局也因而發現,德嘉工程未依法替黃男投保,並依照勞工職業災害保險及保護法規定,於2023年3月6日起發函要求德嘉工程在15日內繳納134萬5500元。

德嘉工程不服,提起行政訴訟,一審認定,德嘉工程僅須給付勞保局支付給黃男遺屬合計共28萬1060元費用,撤銷其餘金額;勞保局不服,提起上訴。

台北高等行政法院二審認為,災保法相關規定及授權訂定的繳納辦法,考量遺屬年金屬於持續性給付,若以實際發放金額計算,將難以在短時間內確定雇主應繳納的金額,因此明定應以遺屬一次金的給付基準計算,並未逾越法律授權範圍。

合議庭指出,黃男死亡前6個月平均月投保薪資為2萬9900元,依規定,喪葬津貼按5個月計算,遺屬一次金則按40個月計算,兩者合計134萬5500元,勞保局追繳金額並無違法,合議庭認為原審判決適用法律有誤,因此改判德嘉工程敗訴,仍須繳納134萬5500元。全案確定。

Open Questions

  • 德嘉工程未投保職災保險的具體原因
  • 公司是否對其他員工也未投保職災保險
  • 黃男死亡前6個月平均月投保薪資2萬9900元的來源與計算方式

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