[Answer]
I
had an accident while working. What kinds of compensation does the Workers’
Accident Compensation Insurance cover?
A)
The Workers’ Accident Compensation Insurance covers all workers, regardless of
nationality, to provide benefits to workers suffering from on-the-job illness
or injury. Employers have a legal responsibility to join the program as long as
they employ at least one worker. Even
though your employer failed to pay the premium, you are still eligible to
receive benefits because under this system, premium payment by an employer and
benefits payout to an injured worker are considered to be separate issues.
Employers must pay all the outstanding premiums for the insurance.
Benefits
from Worker’s Accident Compensation Insurance include:
Medical Compensation Benefit provides cost for
medical treatment including examination, medication and operation; medical care
at home; hospitalization and transportationl.
Lost Wage Benefit compensates about 80%
of the employee’s wages from the fourth day onward during the period they are
unable to work due to injury. The compensation for wage loss is provided to an
employee on leave without pay.
Illness or Injury Compensation Pension is for a worker who has
not recovered within one and a half years of treatment after the injury or
illness sustained during the course of employment. The pension is paid out in place
of Lost Wage Benefit and only when the level of the disability falls within the
classification determined by the law.
Disability Pension Benefit is provided when
disability remains after treatment in accordance with the degree of handicap an
injured worker sustains. About 140 kinds of disabilities are classified into 14
levels with level one being the severest. Benefits are provided as a lump-sum
or a pension depending on the level of disability to compensate for livelihood.
Bereaved Family Compensation Benefit is provided to surviving
family members who were financially supported by the deceased worker.
Nursing Care Compensation Benefit is provided monthly to recipients
of Disability Pension Benefit and Illness or Injury Compensation Benefit, who
need nursing care and meet certain requirements.
Funeral Expenses Benefit partially covers the
cost to hold a funeral for the deceased worker.
Secondary Screening Examination
Compensation Benefit covers the cost paid for detailed medical examination if
the latest regular checkups found risk of developing diseases designated by
law.
As
for the amount of compensation and lost wages to be paid to foreign workers for
their disabilities, Japanese court rulings are divided into two principles –
one supporting the rationale that losses should be estimated based on the Japanese
income standards and the other supporting the idea that they should be
calculated based on the expected income in their own country.
Aside
from the recourse of seeking benefits from Workers’ Accident Compensation
Insurance, you can also file a civil law suit demanding compensation from your
employer who is obliged by law to ensure the provision of a safe working
environment to their workers.