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Laws of Japan |
Industrial Accident Compensation Insurance Act
(Act No. 50 of April 7, 1947)
Contents
Chapter I General Provisions (Article 1 to Article 5)
Chapter II Establishment and Extinguishment of Insurance Relationships
(Article 6)
Chapter III Insurance Benefits
Section 1 General Rules (Article 7 to Article 12-7)
Section 2 Insurance Benefits in Respect of Employment Injuries (Article 12-8 to Article 20)
Section 3 Insurance Benefits in Respect of Commuting Injuries (Article 21 to
Article 25)
Section 4 Follow-up Medical Examination Benefits (Article 26 to Article 28) Chapter III-2 Social Rehabilitation Promotion Services
(Article 29)
Chapter IV Imposition of Expenses (Article 30 to Article 32) Chapter IV-2 Special Insurance (Article 33 to Article 37)
Chapter V Appeal and Lawsuits (Article 38 to Article 41)
Chapter VI Miscellaneous Provisions (Article 42 to Article 50) Chapter VII Penal Provisions (Article 51 to Article 54)
Supplementary Provisions
Chapter I General Provisions
Article 1 The purposes of the industrial accident compensation insurance are to grant necessary insurance benefits to workers in
order to give them prompt and fair protection against injury, disease, disability or death or the like
resulting from an employment-related cause or commuting, and to promote the social rehabilitation of workers who have suffered an
injury or disease from an employment-related cause or commuting, assist those workers and their
surviving family members and secure the safety and health of workers or the like, thereby contributing to the promotion of the welfare
of such workers.
Article 2 The government shall administer industrial accident compensation insurance.
Article 2-2 Industrial accident compensation insurance, in order to achieve the purpose set forth in Article 1, shall cover social
rehabilitation promotion
services in addition to granting insurance benefits to workers for their injury,
disease, disability or death or the like resulting from an employment-related cause or commuting.
Article 3 (1) In this Act, businesses that employ a worker or workers shall be covered businesses.
(2) Notwithstanding the provision of the preceding paragraph, this Act shall not
apply to businesses managed directly by the State, businesses managed by public agencies (excluding the businesses listed in Appended
Table 1 of the Labor Standards Act (Act No. 49 of 1947)) and persons insured by mariners'
insurance under the provision of Article 17 of the Mariners' Insurance Act (Act
No. 73 of 1939). Article 4 Deleted
Article 5 Cabinet Orders and Ordinances of the Ministry of Health, Labour and Welfare under this Act and Cabinet Orders and Ordinances
of the Ministry of Health, Labour and Welfare (limited to those pertaining to industrial accident compensation insurance services)
under the Act on the Collection of Premiums on Labor Insurance (Act No. 84 of 1969; hereinafter referred to as the
"Premiums Collection Act") shall be established after hearing opinions from the
Labour Policy Council as to drafts thereof.
Chapter II Establishment and Extinguishment of Insurance Relationships
Article 6 The establishment and extinguishment of insurance relationships shall be governed by the provisions of the Premiums Collection
Act.
Chapter III Insurance Benefits
Section 1 General Rules
Article 7 (1) The insurance benefits under this Act shall be the following: (i) insurance benefits in respect of injury, disease,
disability or death of
workers resulting from an employment-related cause (hereinafter referred to
as an "employment injury");
(ii) insurance benefits in respect of injury, disease, disability or death of
workers resulting from commuting (hereinafter referred to as a "commuting injury"); and
(iii) follow-up medical examination benefits
(2) The commuting set forth in item (ii) of the preceding paragraph shall mean any of the journey listed in the following and made
by a worker in connection with his/her employment by a reasonable route and means, excluding
commuting which has the nature of the performance of duties: (i) round-trip between the worker's residence and workplace;
(ii) journey from the worker's workplace to another workplace as specified by an Ordinance of the Ministry of Health, Labour and
Welfare; and
(iii) journey between the worker's residences that precedes or follows the
round-trip listed in item (i) (limited to a journey satisfying the requirements specified by an Ordinance of the Ministry of Health,
Labour and Welfare
(3) Where a worker has deviated from the route of the journey listed in each item of the preceding paragraph or has stopped en route
during any journey listed
in each item of said paragraph, such deviation or stoppage en route and any
subsequent journey listed in each item of said paragraph shall not constitute commuting as set forth in paragraph (1), item (ii);
provided, however, that this shall not apply where said deviation or stoppage en route is the minimum
required for carrying out an act necessary in daily life as specified by an
Ordinance of the Ministry of Health, Labour and Welfare due to unavoidable circumstances, except during the period of said deviation
or stoppage en route.
Article 8 (1) The basic daily benefit amount shall be the amount equivalent to the average wage set forth in Article 12 of the Labor
Standards Act. In this
case, the day on which the grounds for calculation of the average wage arose as set forth in paragraph (1) of said Article shall be
the day on which the accident which was the cause of injury or death as prescribed in paragraph (1), item (i)
or item (ii) of the preceding Article arose, or the day on which the occurrence of a disease prescribed in item (i) or item (ii) of
said paragraph was confirmed by diagnosis (hereinafter referred to as "the day of the occurrence of the grounds for calculation").
(2) When it is deemed inappropriate to take the amount equivalent to the
average wage set forth in Article 12 of the Labor Standards Act as the basic daily benefit amount, the basic daily benefit amount
shall be the amount
calculated by the government pursuant to the provisions of an Ordinance of the
Ministry of Health, Labour and Welfare, notwithstanding the provision of the preceding paragraph.
Article 8-2 (1) The basic daily benefit amount used as the basis for calculating temporary absence from work compensation benefits
or temporary absence
from work benefits (hereinafter referred to as the "temporary absence from
work compensation benefits, etc." in this Article) (this amount shall hereinafter be referred to as "basic daily temporary
absence from work benefit amount" in
this Article) shall be provided as follows:
(i) With regard to temporary absence from work compensation benefits, etc. other than the temporary absence from work compensation
benefits, etc.
prescribed in the following item, the amount calculated as the basic daily benefit amount pursuant to the provision of the preceding
Article shall be the basic daily temporary absence from work benefit amount.
(ii) Where the average salary amount (meaning the average monthly amount of salary per worker calculated pursuant to the provisions
of an Ordinance of
the Ministry of Health, Labour and Welfare based on the amount of salary
paid regularly every month according to the Monthly Labor Survey prepared by the Ministry of Health, Labour and Welfare; hereinafter
the same shall
apply in this item) per period categorized as January to March, April to June,
July to September, and October to December (hereinafter referred to as a
"quarter" in this Article) has exceeded 110 percent or fallen below 90 percent of the average salary for the quarter containing
the day of the occurrence of
the grounds for calculation (in cases where the amount calculated pursuant to the provision of this item (hereinafter referred to
as the "revised daily amount" in this item) is regarded as the basic daily temporary absence from work benefit amount,
the quarter two quarters before the first quarter for
which said revised basic daily amount is to be used as the basis for
calculating the amount of temporary absence from work compensation
benefits, etc.), in relation to the temporary absence from work compensation benefits, etc. for which grounds for payment arise on
or after the first day contained in the quarter two quarters after the quarter in which such
increase or decrease has occurred, the basic daily temporary absence from
work benefit amount shall be the amount obtained by multiplying the amount calculated as the basic daily benefit amount pursuant to
the
provision of the preceding Article (in cases where a revised daily amount is regarded as the basic daily temporary absence from work
benefit amount, said revised daily amount) by a rate specified by the Minister of Health,
Labour and Welfare based on that rate of increase or decrease.
(2) Where the day on which grounds for payment of temporary absence from work compensation benefits, etc. arise is the day on which
one year and six months
have elapsed from the day of the commencement of medical treatment
pertaining to said temporary absence from work compensation benefits, etc. or any subsequent day, if any of the cases listed in the
following items apply, the amount specified in the respective items shall be the basic daily temporary absence from work benefit
amount, notwithstanding the provision of the
preceding paragraph:
(i) where the amount calculated as the basic daily temporary absence from
work benefit amount pursuant to the provision of the preceding paragraph is less than the minimum amount of the basic daily temporary
absence from
work benefit amount specified by the Minister of Health, Labour and Welfare for each age bracket specified by an Ordinance of the
Ministry of Health,
Labour and Welfare (hereinafter simply referred to as the "age bracket" in this Article), which pertains to the age bracket
to which a worker who is to
receive said basic daily temporary absence from work compensation benefits, etc. belongs as of the first day of the quarter containing
the day on which the grounds for the payment of said basic daily temporary absence from work
compensation benefits, etc. arose (hereinafter referred to as the "standard
day" in the following item): the amount pertaining to said age bracket; or
(ii) where the amount calculated as the basic daily temporary absence from
work benefit amount pursuant to the provision of the preceding paragraph exceeds the maximum amount of the basic daily temporary absence
from
work benefit amount specified by the Minister of Health, Labour and Welfare for each age bracket, which pertains to the age bracket
to which a worker
who is to receive said temporary absence from work compensation benefits, etc., belongs as of the standard day: the amount pertaining
to said age
bracket
(3) The amount specified by the Minister of Health, Labour and Welfare as set forth in item (i) of the preceding paragraph shall be
specified each year for
each age bracket pursuant to the provisions of an Ordinance of the Ministry of
Health, Labour and Welfare in consideration of the employment conditions and other circumstances concerning workers in each age bracket,
by classifying all workers who belong to said age bracket into twenty categories in accordance
with the level of monthly wages that they receive (hereinafter referred to as
"monthly wages" in this paragraph) and applying the highest monthly wage
received by the workers belonging to the category of the lowest monthly wage as the basis for the calculation of such amount.
(4) The provision of the preceding paragraph shall apply mutatis mutandis to the amount specified by the Minister of Health, Labour
and Welfare as set forth in paragraph (2), item (ii). In this case, the term "pertaining to the lowest
monthly wage" in the preceding paragraph shall be deemed to be replaced with
"immediately below the category of the highest monthly wage".
Article 8-3 (1) The basic daily benefit amount used as the basis for calculating
insurance benefits in pension form (hereinafter referred to as the "basic daily pension benefit amount" in this Article)
shall be provided as follows;
(i) With regard to insurance benefits in pension form to be paid in respect of the period until July of the fiscal year (meaning a
period from April l to
March 31 of the following year; the same shall apply hereinafter) two years after the fiscal year containing the day of the occurrence
of the grounds for calculation, the amount calculated as the basic daily benefit amount
pursuant to the provision of Article 8 shall be the basic daily pension benefit
amount.
(ii) With regard to insurance benefits in pension form to be paid in respect of the period from August of the fiscal year two years
after the fiscal year
containing the day of the occurrence of the grounds for calculation, the amount obtained by multiplying the amount calculated as the
basic daily benefit amount pursuant to the provision of Article 8 by a rate specified by the Minister of Health, Labour and Welfare
based on the rate obtained by dividing the average salary (meaning the average amount of salary per
worker calculated pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare based on the amount of
salary paid regularly
every month according to the Monthly Labor Survey prepared by the
Ministry of Health, Labour and Welfare; hereinafter the same shall apply in this item and Article 16-6, paragraph (2)) for the fiscal
year one year before
the fiscal year containing the month for which insurance benefits in pension form are to be paid (where said month falls on the months
from April to July, the fiscal year two years before), by the average salary for the fiscal year
containing the day of the occurrence of the grounds of calculation, shall be
the basic daily pension benefit amount.
(2) The provisions of paragraphs (2) to (4) of the preceding Article shall apply mutatis mutandis to the basic daily pension benefit
amount. In this case, the term "the preceding paragraph" in paragraph (2) of said Article shall be
deemed to be replaced with "paragraph (1) of the following Article"; in
paragraph (2), item (i), the term "temporary absence from work compensation benefits, etc." shall be deemed to be replaced
with "insurance benefits in pension form", the term "the day on which the grounds for payment arose", shall be
deemed to be replaced with "the month for which payment is to be
made," the term "the first day of the quarter containing the day... arose
(hereinafter referred to as the "standard day" in the following item)" shall be deemed to be replaced with "August
1 of the fiscal year containing the day... arose (in cases where said month falls on the months from April to July,
August 1 of the fiscal year one year before such fiscal year; hereinafter referred
to as the "standard day" in the this paragraph)," and the term "age of a
worker... (hereinafter referred to as the "standard day" in the following item)" shall be deemed to be replaced with
"age of a worker... (hereinafter referred to as the "standard day" in the following item; in cases where a compensation
pension for surviving family or a pension for surviving family is to be paid, the age of a worker who is to receive such payment
as of the standard day obtained by making the calculation on the assumption that the death of the worker
pertaining to the grounds for making said payment has not occurred;
hereinafter the same shall apply in the following item)"; and the term
"temporary absence from work compensation benefits, etc." in paragraph (2), item (ii) shall be deemed to be replaced with
"insurance benefits in pension
form".
Article 8-4 The provision of paragraph (1) of the preceding Article shall apply mutatis mutandis to the basic daily benefit amount
used as the basis for
calculating the disability compensation lump sum payment, lump sum
compensation for surviving family, disability lump sum payment or lump sum payment for surviving family. In this case, the term "paid
in respect of the
period" and "the month for which insurance benefits in pension form are to be paid" in said paragraph shall be respectively
deemed to be replaced with "for which grounds for payment arose in" and "the month in which grounds for the payment
of insurance benefits in pension form arose".
Article 8-5 When the basic daily benefit amount includes a fraction of less than one yen, such fraction shall be rounded up to a
whole yen.
Article 9 (1) Payment of insurance benefits in pension form shall commence in the month following the month in which the grounds
for payment arose and
shall terminate in the month in which the right to receive payment is
extinguished.
(2) If grounds for suspending payment have arisen, insurance benefits in pension form shall not be paid from the month following the
month in which said
grounds arose until the month in which the grounds cease to exist.
(3) Insurance benefits in pension form shall be paid six times a year, namely in February, April, June, August, October and December
of each year, with each payment being for the period until the end of the previous month; provided,
however, that in cases where the right to receive the benefits has been
extinguished, the insurance benefits in pension form for the relevant period shall be paid even where the month is not a payment month.
Article 10 Where it is not known for three months whether a worker who was on board a vessel when it sank, capsized, was lost or
went missing or who was on board a vessel and went missing during its navigation is dead or alive, or
where the death of such worker becomes apparent within three months but the
time of death is not known, said worker shall, for the purpose of the
application of the provisions relating to the payment of compensation benefits for surviving family, funeral rites benefits, benefits
for surviving family and
funeral benefits, be presumed to have died on the day on which the vessel sank, capsized, was lost or went missing or on the day on
which the worker went missing. The same shall apply where it is not known for three months whether
a worker who was on board an aircraft when it crashed, was lost or went
missing or who was on board an aircraft and went missing during its flight is
dead or alive, or where the death of such worker becomes apparent within three months but the time of death is not known.
Article 11 (1) Where a person entitled to the right to receive insurance benefits under this Act has died and any part of the insurance
benefits payable to the deceased person remains unpaid to said person, his/her spouse (including a person who has not made a notification
of marriage but has been in a de facto marital relationship with the deceased person; the same shall apply
hereinafter), children, parents, grandchildren, grandparents or siblings who
shared living expenses with the deceased person at the time of his/her death (in the case of the compensation pension for surviving
family, other surviving family members eligible to receive said compensation pension for surviving family, and in the case of the
pension for surviving family, other surviving
family members eligible to receive said pension for surviving family) may claim payment of the unpaid insurance benefits in their
own names.
(2) In the case referred to in the preceding paragraph, if the deceased person had not claimed payment of insurance benefits before
his/her death, those persons
prescribed in said paragraph may claim payment of the insurance benefits in
their own names.
(3) The order of priority of those who are to receive any unpaid insurance
benefits shall be in accordance with the order prescribed in paragraph (1) (in
the case of the compensation pension for surviving family, the order prescribed in Article 16-2, paragraph (3) shall apply, and in
the case of the pension for
surviving family, the order prescribed in Article 16-2, paragraph (3) as applied
mutatis mutandis pursuant to Article 22-4, paragraph (3) shall apply).
(4) Where there are two or more persons who hold the same rank in the order of priority of persons who are to receive any unpaid insurance
benefits, a claim made by one of them shall be deemed to have been made on behalf of all of
them in respect of the total amount, and a payment made to one of them shall be deemed to have been made to all of them.
Article 12 (1) When, notwithstanding that grounds have arisen for suspending the payment of insurance benefits in pension form, any
part of the insurance benefits in pension form has been paid for a period for which the payment
should have been suspended, the insurance benefits which have been paid may be deemed to be a down payment on the insurance benefits
in pension form
which are to be paid subsequently. When, notwithstanding that grounds have arisen for reducing and revising the amount of insurance
benefits in pension
form, the insurance benefits in pension form have been paid without reduction
for a period from the month following the month in which the grounds arose, the same shall apply to such portion by which said insurance
benefits in
pension form should have been reduced.
(2) Where a worker entitled to the right to receive insurance benefits in pension form (excluding the compensation pension for surviving
family and the pension for surviving family; hereinafter referred to as "Pension B" in this paragraph)
has become entitled to the right to receive other insurance benefits in pension form (excluding the compensation pension for surviving
family and the pension for surviving family; hereinafter referred to as "Pension A" in this paragraph)
in respect of the same injury or disease resulting from an employment-related cause or commuting (hereinafter referred to as "the
same injury or disease" in this Article), and the right to receive Pension B has been extinguished, if
Pension B has been paid for a period from the month following the month in
which the right thereto was extinguished, that payment of Pension B shall be deemed to be a down payment on Pension A. Where a worker
entitled to the
right to receive insurance benefits in pension form (excluding the compensation pension for surviving family and the pension for surviving
family) has become
entitled to the right to receive a temporary absence from work compensation benefit or temporary absence from work benefits, or disability
compensation lump sum payment or disability lump sum payment in respect of the same injury or disease, and the right to receive said
insurance benefits in pension
form has been extinguished, the same shall apply if said insurance benefits in pension form have been paid for a period from the month
following the month in which the right thereto was extinguished.
(3) Where a worker receiving temporary absence from work compensation benefits or temporary absence from work benefits has become
entitled to the right to receive a disability compensation benefit or an injury and disease
compensation pension or disability benefits or an injury and disease pension in respect of the same injury or disease, and it has
been decided not to pay
temporary absence from work compensation benefits or temporary absence
from work benefits, if the worker continues to be paid temporary absence from work compensation benefits or temporary absence from
work benefits
thereafter, such temporary absence from work compensation benefits or
temporary absence from work benefits paid shall be deemed to be a down payment on said disability compensation benefits, injury and
disease
compensation pension, disability benefits or injury and disease pension.
Article 12-2 Where a person entitled to the right to receive insurance benefits in pension form has died, and despite the extinguishment
of that right as a result of the death of said person, insurance benefits in pension form have been paid
by mistake for a period from the month following the month containing the day
of the death, if there are any insurance benefits payable to the person who is obliged to repay the debt pertaining to the claim for
refund arising from such
payment by mistake (hereinafter referred to as the "claim for refund" in this
Article), the amount of money paid as said insurance benefits may be
appropriated to the amount of the claim for refund arising from said payment by mistake, pursuant to the provisions of an Ordinance
of the Ministry of
Health, Labour and Welfare.
Article 12-2-2 (1) When a worker has intentionally caused an injury, disease, disability or death or an accident that was the direct
cause thereof, the
government shall not pay insurance benefits.
(2) When a worker has, by an intentional criminal act or gross negligence or by not following directions as to medical treatment without
any justifiable
grounds, caused an injury, disease, disability or death or an accident that was
the cause thereof, or worsened the degree of injury, disease or disability or
hindered his/her recovery therefrom, the government may decide not to pay the whole or a part of the insurance benefits.
Article 12-3 (1) When a person has received insurance benefits by deception or
other wrongful means, the government may collect from that person the whole or a part of the amount equivalent to the expenses incurred
in paying the
insurance benefits.
(2) In the cases referred to in the preceding paragraph, when the payment of the insurance benefits was due to a false report or certification
by an employer (in cases where a prime contractor is deemed to be an employer pursuant to the
provisions of Article 8, paragraph (1) or paragraph (2) of the Premiums
Collection Act, said prime contractor; the same shall apply hereinafter), the government may order the employer to pay the money to
be collected as set
forth in the preceding paragraph jointly and severally with the person who has
received the insurance benefit.
(3) The provisions of Article 26, Article 28, Article 29 and Article 41 of the
Premiums Collection Act shall apply mutatis mutandis to the money to be collected pursuant to the provisions of the preceding two
paragraphs.
Article 12-4 (1) When the government has paid insurance benefits in cases
where an accident which is the cause of payment of insurance benefits arose
from an act by a third party, the government shall acquire a claim for damages held by the person who has received the insurance benefits
against the third
party, up to the limit of the amount of the benefits paid.
(2) In the cases referred to in the preceding paragraph, when the person who are to receive insurance benefits has received damages
from the third party on the same grounds, the government may decide not to pay the insurance benefits,
up to the limit of the value of those damages.
Article 12-5 (1) The right to receive insurance benefits shall not be affected by the retirement of the worker.
(2) The right to receive insurance benefits may not be transferred, offered as security or attached; provided, however, that this
shall not apply where the
right to receive insurance benefits in pension form is offered as security to the
Welfare and Medical Service Agency pursuant to the provisions of the Welfare and Medical Service Agency Act (Act No. 166 of 2002).
Article 12-6 Taxes and other public dues may not be imposed on the basis of money and goods received as payment of insurance benefits.
Article 12-7 A person entitled to the right to receive insurance benefits shall,
pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare, make a notification to the government of
the necessary matters specified by an Ordinance of the Ministry of Health, Labour and Welfare in respect of insurance benefits, or
submit the necessary documents or other
articles specified by an Ordinance of the Ministry of Health, Labour and
Welfare in respect of insurance benefits.
Section 2 Insurance Benefits in Respect of Employment Injuries
Article 12-8 (1) The insurance benefits in respect of an employment injury set forth in Article 7, paragraph (1), item (i) shall
be the insurance benefits listed in the following:
(i) medical compensation benefits;
(ii) temporary absence from work compensation benefits; (iii) disability compensation benefits;
(iv) compensation benefits for surviving family; (v) funeral expenses;
(vi) injury and disease compensation pension; and
(vii) nursing care compensation benefits
(2) The insurance benefits set forth in the preceding paragraph (excluding the
injury and disease compensation pension and the nursing care compensation benefits) shall, where the grounds for accident compensation
prescribed in
Article 75 to Article 77, and Article 79 and Article 80 of the Labor Standards
Act have arisen, be paid to a worker or surviving family members who are to receive compensation or to a person who conducts the funeral,
based on their claims.
(3) An injury and disease compensation pension shall be paid to a worker who
suffered an injury or disease resulting from an employment-related cause when
he/she falls under all of the following items as of the day on which one year and six months have elapsed after the commencement of
medical treatment
pertaining to said injury or disease, or has come to fall under all of the
following items after said day, and such payment shall be made for the period during which the relevant condition continues to exist:
(i) said injury or disease has not healed or been cured; and
(ii) the degree of disability due to said injury or disease falls under a grade of injury and disease specified by an Ordinance of
the Ministry of Health,
Labour and Welfare
(4) Nursing care compensation benefits shall be paid to a worker who is entitled to the right to receive a disability compensation
pension or an injury and
disease compensation pension, based on his/her claim, when he/she is in a
condition requiring constant or occasional nursing care and is receiving
constant or occasional nursing care due to a disability where the disability is
the grounds for the payment of that disability compensation pension or injury and disease compensation pension which the worker is
entitled to the right to receive and where the disability is at the level specified by an Ordinance of the Ministry of Health, Labour
and Welfare, and such payment shall be made for the period during which said nursing care is received (excluding the following
periods):
(i) the period during which the worker is admitted to a support facility for persons with disabilities prescribed in Article 5, paragraph
(12) of the
Services and Supports for Persons with Disabilities Act (Act No. 123 of 2005) (hereinafter referred to as a "support facility
for persons with disabilities")
(limited to cases where the worker receives care for daily life prescribed in
paragraph (6) of said Article (hereinafter referred to as "care for daily life"));
and
(ii) the period during which the worker is admitted to a facility specified by the
Minister of Health, Labour and Welfare as being equivalent to a support
facility for persons with disabilities (limited to those where care for daily life is provided); and
(iii) the period during which the worker is admitted to a hospital or clinic
Article 13 (1) The medical compensation benefits shall be granted as benefits for medical treatment.
(2) The scope of the benefits for medical treatment set forth in the preceding
paragraph shall be as prescribed in the following items (limited to those considered necessary by the government):
(i) medical examination;
(ii) provision of medicines or therapeutic materials;
(iii) medical treatment procedures, operations and other therapies;
(iv) management of home-based medical treatment and relevant help and other nursing care involved in such medical treatment;
(v) admission to hospitals or clinics and relevant help and other nursing care involved in the medical treatment concerned; and
(vi) transport
(3) The government may, where it is difficult to grant the benefits for medical treatment set forth in paragraph (1) and in other
cases specified by an
Ordinance of the Ministry of Health, Labour and Welfare, pay the expenses of medical treatment in lieu of granting the benefits for
medical treatment.
Article 14 (1) The temporary absence from work compensation benefits shall be
paid from the fourth day on which a worker fails to receive wages because of an inability to work due to medical treatment for an
injury or disease resulting
from an employment-related cause, and the benefit amount for one day shall be an amount equivalent to 60 percent of the basic daily
benefit amount; provided, however, that the amount of the temporary absence from work compensation
benefits for days on which a worker works for only a portion of the prescribed
working hours due to medical treatment for an injury or disease resulting from an employment-related cause shall be an amount equivalent
to 60 percent of
the amount obtained by deducting the amount of the wages to be paid for said work from the basic daily benefit amount (in cases where
the amount
prescribed in Article 8-2, paragraph (2), item (ii) (hereinafter referred to as "the maximum amount" in this paragraph)
is regarded as the basic daily benefit amount, the basic daily benefit amount to be paid on the assumption that the provision of
said item does not apply) (in cases where the amount
obtained by said deduction exceeds the maximum amount, the amount equivalent to the maximum amount).
(2) When a worker who receives temporary absence from work compensation benefits is, on the same grounds, eligible to receive either
a disability
employee's pension under the provisions of the Employee's Pension Insurance
Act (Act No. 115 of 1954) or a disability basic pension under the provisions of the National Pension Act (Act No. 141 of 1959), the
amount of the temporary absence from work compensation benefits payable to said worker shall,
notwithstanding the provision of the preceding paragraph, be the amount
obtained by multiplying the amount set forth in said paragraph, in accordance with the provisions of items (i) to (iii) of Table 1,
by the rate for injury and disease compensation pension amongst the rates specified by a Cabinet Order set forth in items (i) to
(iii) of said table (in cases where such amount is less
than the amount specified by a Cabinet Order, said amount specified by a
Cabinet Order).
Article 14-2 No temporary absence from work compensation benefit shall be paid where a worker falls under any of the following items
(limited to cases
specified by an Ordinance of the Ministry of Health, Labour and Welfare):
(i) where a worker is detained in a penal institution, workhouse or any other facility equivalent thereto; or
(ii) where a worker is detained in a juvenile training school or any other
facility equivalent thereto
Article 15 (1) The disability compensation benefits shall be paid in the form of either a disability compensation pension or a disability
compensation lump sum payment, in accordance with the grades of disability specified by an
Ordinance of the Ministry of Health, Labour and Welfare.
(2) The amounts of a disability compensation pension or a disability
compensation lump sum payment shall be as prescribed respectively in
Appended Table 1 or Appended Table 2.
Article 15-2 Where there has been a change to the degree of the relevant degree
of the disability of a worker receiving a disability compensation pension, and as a result of such change, said worker has come to
fall under another grade of disability prescribed in Appended Table 1 or Appended Table 2, the
government shall, pursuant to the provisions of an Ordinance of the Ministry
of Health, Labour and Welfare, pay the disability compensation pension or disability compensation lump sum payment corresponding to
the new grade of disability under which said worker now falls, and shall not pay the former disability compensation pension thereafter.
Article 16 Compensation benefits for surviving family shall be paid in the form of either a compensation pension for surviving family
or a lump sum
compensation for surviving family.
Article 16-2 (1) The surviving family members who are eligible to receive a
compensation pension for surviving family shall be a worker's spouse, children, parents, grandchildren, grandparents, and siblings
who were dependent on the worker's income at the time of his/her death; provided, however, that in the
case of those other than a wife (including a person who has not made a
notification of marriage but has been in a de facto marital relationship with
the worker; the same shall apply hereinafter), this provision shall apply only
where they have satisfied the requirements listed in any of the following items at the time of the worker's death:
(i) in the case of a husband (including a person who has not made a notification of marriage but has been in a de facto marital relationship
with the worker;
the same shall apply hereinafter), parents or grandparents: they are 60 years of age or more;
(ii) in the case of children or grandchildren: March 31 has not been reached since they became 18 years of age;
(iii) in the case of siblings: March 31 has not been reached since they became
18 years of age, or they are 60 years of age or more; or
(iv) in the case of a husband, children, parents, grandchildren, grandparents, or siblings who do not fall under any of the requirements
set forth in the
preceding three items: they are disabled as specified by an Ordinance of the
Ministry of Health, Labour and Welfare
(2) When a child who was unborn at the time of a worker's death is born, the
child shall, for the purpose of the application of the provision of the preceding paragraph, be deemed, from the time of his/her birth
forward, as a child who was dependent on the worker's income at the time of the worker's death.
(3) The order of priority of surviving family members who are to receive a
compensation pension for surviving family shall be the spouse, children, parents, grandchildren, grandparents and siblings.
Article 16-3 (1) The amount of a compensation pension for surviving family shall be the amount prescribed in Appended Table 1.
(2) If there are two or more persons entitled to the right to receive a
compensation pension for surviving family, the amount of the compensation pension for surviving family shall, notwithstanding the
provision of the
preceding paragraph, be the amount obtained by dividing the amount
prescribed in Appended Table 1 by the number of persons concerned.
(3) If there has been an increase or decrease in the number of the surviving
family members which is to be used as the basis for calculating the amount of a compensation pension for surviving family, the amount
of the compensation
pension for surviving family shall be revised as from the month following the month in which the increase or decrease occurred.
(4) Where the surviving family member who is entitled to the right to receive a compensation pension for surviving family is the worker's
wife, and there are
no other surviving family members eligible to receive the compensation pension
for surviving family who share living expenses with the wife, if said wife comes to fall under any of the following items, the amount
of the compensation
pension for surviving family shall be revised as from the month following the
month in which the wife fell under the respective items:
(i) when the wife has reached the age of 55 (excluding cases where the wife is disabled as specified by an Ordinance of the Ministry
of Health, Labour and Welfare set forth in Appended Table 1);
(ii) when the wife has become disabled as specified by an Ordinance of the
Ministry of Health, Labour and Welfare set forth in Appended Table 1 or
such circumstances have ceased to exist (excluding cases where the wife is 55 years of age or more)
Article 16-4 (1) The right to receive a compensation pension for surviving family shall be extinguished when a surviving family member
entitled to the right has come to fall under any of the following items. In this case, when there is no
person holding the same rank in the order of priority but there is a person(s) holding a lower rank, the compensation pension for
surviving family shall be paid to the person(s) who holds the next rank:
(i) when the entitled surviving family member has died;
(ii) when the entitled surviving family member has married (including cases
where a notification of marriage has not been made but the surviving family member is in a de facto marital relationship);
(iii) when the entitled surviving family member has been adopted by a person
other than his/her lineal relative by blood or his/her lineal relative through marriage (including cases where a notification of adoption
has not been made but the surviving family member is in a de facto adoptive relationship);
(iv) when the entitled surviving family member's familial relationship to the
deceased worker has been terminated by the dissolution of an adoptive relationship;
(v) in the case of children, grandchildren or siblings, when the first March 31
that they experience after reaching the age of 18 ends (excluding cases where they have been disabled as specified by an Ordinance
of the Ministry of
Health, Labour and Welfare set forth in Article 16-2, paragraph (1), item (iv)
continuously from the time of the death of the worker); or
(vi) in the case of the worker's husband, children, parents, grandchildren,
grandparents or siblings who are disabled as specified by an Ordinance of the Ministry of Health, Labour and Welfare set forth in
Article 16-2, paragraph (1), item (iv), when such circumstances have ceased to exist (excluding cases
where the worker's husband, parents or grandparents were 60 years of age or
more at the time of the worker's death, where the worker's children or
grandchildren have not experienced the first March 31 after reaching the age of 18, and where the worker's siblings have not experienced
the first March
31 after reaching the age of 18 or they were 60 years of age or more at the time of the worker's death).
(2) When a surviving family member eligible to receive a compensation pension for surviving family has come to fall under any of the
items of the preceding
paragraph, he/she shall cease to be a surviving family member eligible to
receive the compensation pension for surviving family.
Article 16-5 (1) When the whereabouts of a person who is entitled to the right to receive a compensation pension for surviving family
have been unknown for not less than one year, the payment of said compensation pension for surviving
family shall be suspended for as long as those whereabouts are unknown, upon the application of a person who holds the same rank in
the order of priority if
there is any such person, or upon the application of a person who holds the
next rank in the order of priority if there is no person holding the same rank.
In this case, if there is no person holding the same rank, the person who holds the next rank shall be the person with the first rank
during that period.
(2) A surviving family member whose payment of the compensation pension for surviving family has been suspended pursuant to the provision
of the preceding paragraph may apply for cancellation of the suspension of the payment at any
time.
(3) The provision of Article 16-3, paragraph (3) shall apply mutatis mutandis
where the payment of the compensation pension for surviving family has been suspended pursuant to the provision of paragraph (1) or
where the suspension of the payment has been cancelled pursuant to the provision of the preceding
paragraph. In this case, the term "the month in which the increase or decrease
occurred" in paragraph (3) of said Article shall be deemed to be replaced with
"the month in which the payment was suspended or the suspension of the payment was cancelled."
Article 16-6 (1) A lump sum compensation for surviving family shall be paid in the following cases:
(i) where, at the time of the worker's death, there is no surviving family
member eligible to receive a compensation pension for surviving family; and
(ii) where a person's right to receive the compensation pension for surviving family has been extinguished, and there is no other
surviving family member eligible to receive said compensation pension for surviving family and the
total amount of the compensation pension for surviving family paid in
respect of said worker's death is less than the amount of the lump sum
compensation for surviving family that would be paid on the assumption that the situation falls under the case set forth in the preceding
item as of the day on which said right is extinguished.
(2) When the total amount of a compensation pension for surviving family
prescribed in item (ii) of the preceding paragraph is calculated, with regard to the amount of the compensation pension for surviving
family paid for a period until July of the fiscal year containing the day of the extinction of the right
prescribed in said item (in cases where the month containing the day of the
extinction of said right falls on any of the months from April to July, the
previous fiscal year; hereinafter the same shall apply in this paragraph), the
amount shall be calculated according to the amount obtained by multiplying the amount actually paid by the rate specified by the Minister
of Health,
Labour and Welfare based on the rate obtained by dividing the average salary for the fiscal year before the fiscal year containing
the day of the extinction of said right by the average salary for the fiscal year one year before the fiscal year containing the
months for which said compensation pension for surviving family was paid (in cases where said months fall on the months from April
to July, the fiscal year two years before).
Article 16-7 (1) The surviving family members who are eligible to receive a lump sum compensation for surviving family shall be the
persons listed in the
following items:
(i) the worker's spouse;
(ii) the worker's children, parents, grandchildren and grandparents who were dependent on the worker's income at the time
of his/her death; and
(iii) the worker's children, parents, grandchildren and grandparents who do not fall under the preceding item, and the worker's
siblings.
(2) The order of priority for the surviving family members who are to receive a
lump sum compensation for surviving family shall be in accordance with the order set forth in each of the items of the preceding paragraph,
and among the persons listed in items (ii) and (iii) of said paragraph, the order set forth in the respective items shall apply.
Article 16-8 (1) The amount of a lump sum compensation for surviving family shall be the amounts prescribed in Appended Table 2.
(2) The provision of Article 16-3, paragraph (2) shall apply mutatis mutandis to the amount of the lump sum compensation for surviving
family. In this case,
the term "Appended Table 1" in said paragraph shall be deemed to be replaced with "Appended Table 2".
Article 16-9 (1) A person who has intentionally caused the death of a worker
shall not be regarded as a surviving family member who is eligible to receive compensation benefits for surviving family.
(2) A person who, before the death of a worker, intentionally caused the death of a person who should have held a higher or the same
rank in the order of
priority as a surviving family member who is eligible to receive a compensation
pension for surviving family as a result of said worker's death, shall not be regarded as a surviving family member who is eligible
to receive a
compensation pension for surviving family.
(3) A person who has intentionally caused the death of a surviving family
member who is eligible to receive a compensation pension for surviving family
shall not be regarded as a surviving family member who is eligible to receive a
lump sum compensation for surviving family. The same shall apply to a person who, before the death of a worker, intentionally caused
the death of a person
who should have become a surviving family member eligible to receive a
compensation pension for surviving family as a result of said worker's death. (4) When a surviving family member who is eligible
to receive a compensation
pension for surviving family has intentionally caused the death of another surviving family member who held a higher or the same rank
in the order of priority as a surviving family member eligible to receive a compensation
pension for surviving family, that surviving family member shall no longer be
regarded as a surviving family member who is eligible to receive a
compensation pension for surviving family. In this case, if that surviving
family member is a person entitled to the right to receive a compensation pension for surviving family, that right shall be extinguished.
(5) In the case referred to in the second sentence of the preceding paragraph, the
provision of the second sentence of Article 16-4, paragraph (1) shall apply mutatis mutandis.
Article 17 The amount of funeral expenses shall be an amount specified by the
Minister of Health, Labour and Welfare in consideration of the expenses normally required for funerals.
Article 18 (1) The amount of an injury and disease compensation pension shall be as prescribed in Appended Table 1 in accordance
with the grades of injury and disease specified by an Ordinance of the Ministry of Health, Labour and Welfare set forth in Article
12-8, paragraph (3), item (ii).
(2) Temporary absence from work compensation benefits shall not be paid to a
person who receives an injury and disease compensation pension.
Article 18-2 Where there has been a change in the degree of the relevant degree of disability of a worker receiving an injury and
disease compensation pension, and as a result of such change, that person has come to fall under another
grade of injury and disease prescribed in Appended Table 1, the government
shall, pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare, pay the injury and disease compensation
pension
corresponding to the new grade of injury and disease under which the person
now falls, and shall not pay the former injury and disease compensation pension thereafter.
Article 19 Where a worker who has suffered an injury or disease resulting from an employment-related cause receives an injury and
disease compensation
pension on the day when three years have elapsed after the commencement of medical treatment pertaining to said injury or disease,
or begins to receive an injury and disease compensation pension after said day, for the purpose of the
application of the provision of Article 19, paragraph (1) of the Labor Standards
Act, the relevant employer shall be deemed to have paid a compensation for discontinuance pursuant to the provision of Article 81
of the Labor Standards Act on the day when said three years have elapsed or on the day when the
worker begins to receive the injury and disease compensation pension, respectively.
Article 19-2 Nursing care compensation benefits shall be paid monthly, and the monthly amount shall be an amount specified by the
Minister of Health,
Labour and Welfare in consideration of the expenses normally required for receiving constant or occasional care.
Article 20 In addition to what is prescribed in this Section, the necessary
matters in relation to insurance benefits in respect of an employment injury shall be prescribed by an Ordinance of the Ministry of
Health, Labour &
Welfare.
Section 3 Insurance Benefits in Respect of Commuting Injuries
Article 21 The insurance benefits in respect of a commuting injury set forth in
Article 7, paragraph (1), item (ii) shall be the insurance benefits listed as follows:
(i) medical treatment benefits;
(ii) temporary absence from work benefits; (iii) disability benefits;
(iv) benefits for surviving family; (v) funeral rites benefits;
(vi) injury and disease pension; and
(vii) nursing care benefits
Article 22 (1) Where a worker has suffered an injury or disease (limited to diseases specified by an Ordinance of the Ministry of
Health, Labour and Welfare; hereinafter the same shall apply in this Section) resulting from
commuting (meaning commuting as set forth in Article 7, paragraph (1), item
(ii); the same shall apply hereinafter), medical treatment benefits shall be paid to said worker based on his/her claim.
(2) The provision of Article 13 shall apply mutatis mutandis to medical treatment benefits.
Article 22-2 (1) Where a worker does not receive wages because of his/her
inability to work due to medical treatment pertaining to an injury or disease resulting from commuting, temporary absence from work
benefits shall be paid to said worker based on his/her claim.
(2) The provisions of Article 14 and Article 14-2 shall apply mutatis mutandis to
temporary absence from work benefits. In this case, the term "resulting from an employment-related cause" in Article 14,
paragraph (1) shall be deemed to
be replaced with "resulting from commuting" and the term "in accordance with
the provisions of items (i) to (iii) of Appended Table 1, by the rate for an injury and disease compensation pension amongst the rates
specified by a Cabinet
Order set forth in items (i) to (iii) of said table" in paragraph (2) of said Article
shall be deemed to be replaced with "in accordance with the provisions of items
(i) to (iii) of Appended Table 1 as applied mutatis mutandis pursuant to Article
23, paragraph (2), by the rate for an injury and disease compensation pension amongst the rates specified by a Cabinet Order set forth
in items (i) to (iii) of
said table."
(3) The amount of temporary absence from work benefits to be paid to a worker receiving medical treatment benefits (excluding persons
specified by an
Ordinance of the Ministry of Health, Labour and Welfare as set forth in Article
31, paragraph (2)) pertaining to the first day on which the grounds for payment arose shall, notwithstanding the provision of Article
14, paragraph (1) as
applied mutatis mutandis pursuant to the preceding paragraph, be the amount obtained by deducting the amount equivalent to the amount
specified by an
Ordinance of the Ministry of Health, Labour and Welfare set forth in Article 31, paragraph (2) from the amount set forth in Article
14, paragraph (1).
Article 22-3 (1) Where a worker has suffered an injury or disease resulting from commuting and remains physically disabled after
recovery, disability benefits
shall be paid to the said worker based on his/her claim.
(2) Disability benefits shall be paid in the form of disability pension or disability lump sum payment, in accordance with the grades
of disabilities specified by
an Ordinance of the Ministry of Health, Labour and Welfare set forth in Article
15, paragraph (1).
(3) The provisions of Article 15, paragraph (2) and Article 15-2 as well as the provisions of Appended Table 1 (limited to those parts
pertaining to the
disability compensation pension) and Appended Table 2 (limited to those parts pertaining to the disability compensation lump sum payment)
shall apply
mutatis mutandis to disability benefits. In this case, the term "disability
compensation pension" and "disability compensation lump sum payment" in these provisions shall be respectively deemed
to be replaced with "disability
pension" and "disability lump sum payment".
Article 22-4 (1) Where a worker has died as a result of commuting, benefits for surviving family shall be paid to said worker's
surviving family members based on their claims.
(2) Benefit for surviving family shall be paid in the form of a pension for
surviving family or lump sum payment for surviving family.
(3) The provisions of Articles 16-2 to Article 16-9 as well as the provisions of
Appended Table 1 (limited to those parts pertaining to the compensation
pension for surviving family) and Appended Table 2 (limited to those parts pertaining to the lump sum compensation for surviving family)
shall apply mutatis mutandis to benefits for surviving family. In this case, the term
"compensation pension for surviving family" and "lump sum compensation for
surviving family" in these provisions shall be respectively deemed to be replaced with "pension for surviving family"
and "lump sum payment for surviving family".
Article 22-5 (1) Where a worker has died as a result of commuting, funeral rites benefits shall be paid to the person who conducts
the funeral based on his/her
claim.
(2) The provision of Article 17 shall apply mutatis mutandis to funeral rites benefits.
Article 23 (1) An injury and disease pension shall be paid to a worker who has suffered an injury or disease resulting from commuting,
when he/she falls under all of the following items on the day on which one year and six months
have elapsed after the commencement of medical treatment pertaining to said
injury or disease, or has come to fall under all of the following items after said day, and such payment shall be made for the period
during which the relevant condition continues to exist:
(i) said injury or disease has not healed or been cured; and
(ii) the degree of disability due to said injury or disease falls under a grade of injury and disease specified by an Ordinance of
the Ministry of Health,
Labour and Welfare set forth in Article 12-8, paragraph (3), item (ii). (2) The provisions of Article 18 and Article 18-2 as well
as the provision of
Appended Table 1 (limited to those parts pertaining to the injury and disease
compensation pension) shall apply mutatis mutandis to an injury and disease pension. In this case, the term "temporary absence
from work compensation
benefits" in Article 18, paragraph (2) shall be deemed to be replaced with
"temporary absence from work benefits", and the term "injury and disease compensation pension" in said table shall
be deemed to be replaced with
"injury and disease pension".
Article 24 (1) Nursing care benefits shall be paid to a worker who is entitled to
the right to receive a disability pension or an injury and disease pension, based on his/her claim, when he/she is in a condition
requiring constant or occasional nursing care and is receiving constant or occasional nursing care due to a
disability where the disability is the grounds for the payment of that disability
pension or injury and disease pension which the worker is entitled to the right to receive and where the disability is at the level
specified by an Ordinance of
the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph
(4), and such payment shall be made during the period said nursing care is received (excluding the following periods):
(i) the period during which the worker is admitted to a support facility for
persons with disabilities (limited to cases where the worker receives care for daily life);
(ii) the period during which the worker is admitted to a facility specified by the Minister of Health, Labour and Welfare set forth
in Article 12-8, paragraph (4), item (ii); and
(iii) the period during which the worker is admitted to a hospital or clinic
(2) The provision of Article 19-2 shall apply mutatis mutandis to nursing care benefits.
Article 25 In addition to what is prescribed in this Section, necessary matters in relation to insurance benefits in respect of a
commuting injury shall be
prescribed by an Ordinance of the Ministry of Health, Labour and Welfare.
Section 4 Follow-up Medical Examination Benefits
Article 26 (1) Follow-up medical examination benefits shall be paid to a worker, based on his/her claim, where said worker has, in
his/her most recent medical examination conducted under the provision of Article 66, paragraph (1) of the
Industrial Health and Safety Act (Act No. 57 of 1972) or a medical examination pertaining to said medical examination conducted under
the provision of the
proviso to paragraph (5) of said Article (hereinafter referred to as an "initial medical examination" in this paragraph),
undergone blood pressure tests or blood tests or other tests concerning physical conditions related to the
occurrence of a cerebrovascular disease or heart disease resulting from an
employment-related cause, which are specified by an Ordinance of the Ministry of Health, Labour and Welfare, and said worker who has
undergone these tests
is diagnosed as showing abnormalities in the findings for all items in those tests (excluding workers who, based on the results of
said initial medical
examination or for other reasons, are found already to have symptoms of cerebrovascular disease or heart disease).
(2) The scope of follow-up medical examination benefits shall be as follows: (i) a medical examination conducted by a doctor who carries
out the tests (excluding tests prescribed in the preceding paragraph) specified by an
Ordinance of the Ministry of Health, Labour and Welfare which are
necessary to gain an understanding of the conditions of the blood vessels in the brain and the heart (limited to once per fiscal year;
hereinafter referred to as a "follow-up medical examination" in this Section); and
(ii) health guidance given by a doctor or public health nurse by interview based
on the results of the follow-up medical examination in order to prevent the
occurrence of a cerebrovascular disease and heart disease (limited to once per follow-up medical examination; hereinafter referred
to as "specific health
guidance" in the following paragraph)
(3) With regard to workers who, based on the results of a follow-up medical
examination or for other reasons, are found already to have symptoms of a
cerebrovascular disease or heart disease, the government shall not give specific health guidance pertaining to said follow-up medical
examination.
Article 27 For the purpose of the application of the provision of Article 66-4 of the Industrial Health and Safety Act to an employer
(meaning an employer
prescribed in Article 2, item (iii) of said Act) who has received, from a worker
who has undergone a follow-up medical examination, a document certifying the results of said follow-up medical examination within
a period specified by an
Ordinance of the Ministry of Health, Labour and Welfare not exceeding three months from the day of said follow-up medical examination,
the term "the
results of the medical examinations... (limited to the results of the medical
examinations" in said Article shall be deemed to be replaced with "the results of the medical examination and the follow-up
medical examination prescribed in Article 26, paragraph (2), item (i) of the Industrial Accident Compensation Insurance Act... (limited
to the results of these medical examinations".
Article 28 In addition to what is prescribed in this Section, the necessary matters in relation to follow-up medical examination
benefits shall be
prescribed by an Ordinance of the Ministry of Health, Labour and Welfare.
Chapter III-2 Social Rehabilitation Promotion Services
Article 29 (1) The government may undertake the following services as social
rehabilitation promotion services for workers engaged in businesses covered by this insurance and their surviving families:
(i) services necessary to establish and operate facilities for medical treatment and facilities for medical rehabilitation, and promote
the smooth social
rehabilitation of workers who have suffered employment injuries or
commuting injuries (hereinafter referred to as "victims" in the following item);
(ii) services necessary to assist victims with life under medical treatment,
assist with the care which victims receive, assist their surviving family members in obtaining education, assist victims and their
surviving family members through extending loans for the funds they need, and otherwise assist victims and their surviving family
members; and
(iii) services necessary to support activities for the prevention of employment injuries, establish and operate facilities for medical
examinations and
otherwise secure the safety and health of workers, secure the appropriate implementation of the payment of insurance benefits, and
secure the
payment of wages
(2) Standards necessary for the implementation of the services listed in the items of the preceding paragraph shall be specified by
an Ordinance of the Ministry
of Health, Labour and Welfare.
(3) The government shall have the Japan Labor Health and Welfare Organization perform, among the social rehabilitation promotion services
set forth in
paragraph (1), those listed in Article 12, paragraph (1) of the Japan Labor
Health and Welfare Organization Act (Act No. 171 of 2002).
Chapter IV Imposition of Expenses
Article 30 The premiums to be collected by the government for the purpose of
meeting the expenses necessary for industrial accident compensation insurance services shall be governed by the provisions of the
Premiums Collection Act.
Article 31 (1) When the government has paid insurance benefits in relation to an accident which falls under any of the following
items, it may collect from the
employer, pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare, the whole or a part of the amount
of money equivalent to
the amount incurred to pay the insurance benefits, up to the limit of, in the case of insurance benefits in respect of an employment
injury, the value of
accident compensation under the provisions of the Labor Standards Act, and up
to the limit of, in the case of insurance benefits in respect of a commuting injury, the value of accident compensation under the
provisions of said Act equivalent to the insurance benefits in respect of an employment injury
payable where a commuting injury is deemed to be an employment injury:
(i) an accident arising during a period when the employer has failed,
intentionally or through gross negligence, to make a notification under the
provision of Article 4-2, paragraph (1) of the Premiums Collection Act which is related to the establishment of the insurance relationship
pertaining to
this insurance (in cases where the government has made a decision with respect to the services concerned pursuant to the provision
of Article 15,
paragraph (3) of the Premiums Collection Act, the period after that decision
shall be excluded);
(ii) an accident arising during a period when the employer has failed to pay the general premiums set forth in Article 10, paragraph
(2), item (i) of the
Premiums Collection Act (limited to the period after the time limit
designated in a written demand set forth in Article 26, paragraph (2) of the
Premiums Collection Act); or
(iii) an accident arising from an intentional act or the gross negligence of the employer, which is the cause of an employment injury
(2) The government shall collect an amount specified by an Ordinance of the
Ministry of Health, Labour and Welfare not exceeding two hundred yen from a worker who receives medical treatment benefits (excluding
workers specified
by an Ordinance of the Ministry of Health, Labour and Welfare) as the
worker's co-payment; provided, however, that this shall not apply to a worker who has received temporary absence from work benefits
at an amount reduced pursuant to the provision of Article 22-2, paragraph (4).
(3) The government may, as an appropriation to the co-payment set forth in the
preceding paragraph collected from the worker set forth in said paragraph, deduct an amount equivalent to said co-payment from the
amount of the
insurance benefits to be paid to said worker, pursuant to the provisions of an
Ordinance of the Ministry of Health, Labour and Welfare.
(4) The provisions of Article 26, Article 28, Article 29 and Article 41 of the
Premiums Collection Act shall apply mutatis mutandis to the money collected under the provisions of paragraph (1) or (2).
Article 32 The national treasury may subsidize part of the expenses necessary for industrial accident compensation insurance services,
within budgetary
limits.
Chapter IV-2 Special Insurance
Article 33 The employment injury and commuting injury of each of the persons listed in the following items (in the case of persons
listed in items (ii), (iv) or
(v), excluding those who are workers) shall be governed by the provisions of
this Chapter:
(i) an employer in a business which employs not more than the number of
workers specified by an Ordinance of the Ministry of Health, Labour and
Welfare (excluding businesses specified by an Ordinance of the Ministry of
Health, Labour and Welfare; hereinafter referred to as a "specified business" in item (vii)), who entrusts a labor insurance
affairs association set forth in
Article 33, paragraph (3) of the Premiums Collection Act (hereinafter referred to as a "labor insurance affairs association")
to handle the labor
insurance affairs set forth in paragraph (1) of said Article (in cases where the employer is a juridical person or other organization,
the representative
thereof);
(ii) a person engaged in a business operated by an employer set forth in the preceding item;
(iii) a person who normally operates a type of business specified by an
Ordinance of the Ministry of Health, Labour and Welfare without employing any workers;
(iv) a person engaged in a business operated by a person set forth in the
preceding item;
(v) a person engaged in a particular type of work specified by an Ordinance of the Ministry of Health, Labour and Welfare;
(vi) a person who is dispatched by an organization carrying out a business for providing technical cooperation in a developing area
outside the area where this Act is in force (excluding businesses for which the period of business is predetermined), to be engaged
in a business carried out in said developing
area (excluding areas in countries specified by an Ordinance of the Ministry of Health, Labour and Welfare in consideration of the
status of protection
systems in relation to employment injuries and commuting injuries and other circumstances) in order to perform the operations of said
organization; and
(vii) a person who is dispatched by an employer carrying out a business in the
area where this Act is in force (excluding businesses for which the period of business is predetermined), to be engaged in a business
carried out in an
area outside the area where this Act is in force (excluding areas in countries
specified by an Ordinance of the Ministry of Health, Labour and Welfare in consideration of the status of protection systems in relation
to employment
injuries and commuting injuries and other circumstances) (in cases where
said business does not fall under the scope of specified business, limited to persons who are dispatched as workers employed in said
business)
Article 34 (1) When an employer set forth in item (i) of the preceding Article has made an application for designating persons listed
in said item and in item (ii) of said Article collectively as persons eligible to receive insurance benefits in respect of employment
injuries and commuting injuries under this insurance based upon insurance relationships established with regard to the relevant
business, and the approval of the government has been given, the application of the provisions of Chapter III, Sections 1 to 3 and
Chapter III-2 shall be
provided as follows:
(i) The persons listed in items (i) and (ii) of the preceding Article shall be deemed to be workers employed in said business;
(ii) When a person listed in item (i) or (ii) of the preceding Article has suffered
an injury or disease resulting from an employment-related cause, when the person is unable to engage in said business due to medical
treatment for said injury or disease or when the person remains physically disabled after he/she has recovered from said injury or
said disease, or when the person has died
as a result of employment, it shall be deemed that the grounds for accident
compensation prescribed in Article 75 to Article 77 and Article 79 and Article
80 of the Labor Standards Act have arisen;
(iii) The basic daily benefit amount for the persons listed in items (i) and (ii) of the preceding Article shall be an amount specified
by the Minister of Health, Labour and Welfare in consideration of the amount of the wages of the
workers employed in said business and other circumstances; and
(iv) When an accident involving a person listed in item (i) or (ii) of the
preceding Article arose during a period in which Type 1 special insurance premiums set forth in Article 10, paragraph (2), item (ii)
of the Premiums Collection Act were in arrears, the government may decide not to pay the whole or a part of the insurance benefits
pertaining to said accident. The same shall apply where an accident that is the cause of an employment
injury to any of these persons arose as a result of an intentional act or the
gross negligence of an employer set forth in item (i) of the preceding Article. (2) The employer set forth in item (i) of the preceding
Article may, even after the
approval set forth in the preceding paragraph has been given, decide not to
designate the persons listed in said item and item (ii) of said Article
collectively as persons eligible to receive insurance benefits, with the approval of the government.
(3) The government may, when an employer set forth in item (i) of the preceding
Article has violated the provisions of this Act or the Premiums Collection Act or an Ordinance of the Ministry of Health, Labour and
Welfare under these
Acts, rescind the approval set forth in paragraph (1).
(4) The right to receive insurance benefits of the persons listed in items (i) and (ii) of the preceding Article shall not be affected
by the approval under the provision of paragraph (2) or the rescission of the approval set forth in
paragraph (1) pursuant to the provision of the preceding paragraph. The same shall apply where these persons have ceased to be the
persons listed in items
(i) and (ii) of said Article.
Article 35 (1) When an association of persons set forth in Article 33, item (iii) or an association of persons set forth in item
(v) of said Article has made an
application to have this insurance apply to employment injuries and
commuting injuries to the persons set forth in item (iii) of said Article who are members of said association and to persons set forth
in item (iv) of said Article related to those persons or to persons set forth in item (v) of said Article who
are members of said association (limited to employment injuries in the case of
persons specified by an Ordinance of the Ministry of Health, Labour and
Welfare among those listed above in consideration of the situation of round-
trips between their residences and workplaces or the like), and the approval of
the government has been given, the application of the provisions of Chapter III, Sections 1 to 3 (with regard to said persons specified
by an Ordinance of the Ministry of Health, Labour and Welfare, Sections 1 and 2 of said Chapter) and
Chapter III-2 of this Act and Chapters II to VI of the Premiums Collection Act shall be provided as follows:
(i) Said association shall be deemed to be the covered business set forth in
Article 3, paragraph (1) and as the employer thereof.
(ii) The day on which said approval was given shall be deemed to be the day on which the covered business set forth in the preceding
item commenced.
(iii) The persons listed in Article 33, items (iii) to (v) pertaining to said
association shall be deemed to be workers employed in the covered business set forth in item (i).
(iv) The dissolution of said association shall be deemed to be the discontinuation of the business.
(v) The provision of paragraph (1), item (ii) of the preceding Article shall apply mutatis mutandis to the grounds for payment of
insurance benefits in respect of employment injuries pertaining to the persons listed in Article 33, items
(iii) to (v). In this case, in respect of persons listed in item (v) of said Article,
the term " as a result of employment" and "in said business" in paragraph (1), item (ii) of the preceding Article
shall be respectively deemed to be replaced
with "as a result of said work" and "in said work."
(vi) The basic daily benefit amount for each of the persons listed in Article 33, items (iii) to (v) shall be an amount specified
by the Minister of Health,
Labour and Welfare in consideration of the wages of workers employed in businesses of the same kind as, or similar to, said business,
or employed in
businesses where work of the same kind as, or similar to, said work is carried
out, and other circumstances.
(vii) When an accident involving any of the persons listed in Article 33 items
(iii) to (v) arose during a period in which the Type 2 special insurance
premiums set forth in Article 10, paragraph (2), item (iii) of the Premiums
Collection Act were in arrears, the government may decide not to pay the
whole or a part of the insurance benefits pertaining to said accident.
(2) A person who, as a person listed in any of items (iii) to (v) of Article 33, is deemed to be a worker pursuant to the provision
of item (iii) of the preceding paragraph in respect of one association, shall not, in respect of the same kind of business or the
same kind of work, also be deemed to be a worker pursuant to the provision of said item in respect of another association.
(3) An association set forth in paragraph (1) may, even after the approval set
forth in said paragraph has been given, have the insurance relationship in
relation to said association extinguished, with the approval of the government. (4) The government may, when an association set forth
in paragraph (1) has
violated the provisions of this Act, the Premiums Collection Act, or an
Ordinance of the Ministry of Health, Labour and Welfare under these Acts,
have the insurance relationship in relation to said association extinguished.
(5) The right to receive insurance benefits of persons listed in Article 33, items (iii) to (v) shall not be affected by the withdrawal
of the persons listed in item (iii) or (v) of said Article from the association set forth in paragraph (1). The same shall apply
where any of the persons listed in items (iii) to (v) of said
Article have ceased to be a person listed in the respective items.
Article 36 (1) When an association set forth in Article 33, item (vi) or an employer set forth in item (vii) of said Article has
made an application for designating a person listed in item (vi) or (vii) of said Article as a person
eligible to receive insurance benefits in respect of an employment injury and commuting injury under this insurance, based on an insurance
relationship in relation to a business (excluding businesses for which the period of business is predetermined) carried out by said
association or employer in the area where
this Act is in force, and the approval of the government has been given, the
application of the provisions of Chapter III, Sections 1 to 3 and Chapter III-2 shall be provided as follows:
(i) A person listed in Article 33, items (vi) or (vii) shall be deemed to be a
worker employed in said business.
(ii) The provisions of Article 34, paragraph (1), item (ii) shall apply mutatis mutandis to the grounds for insurance benefits with
respect to an
employment injury involving a person listed in Article 33, item (vi) or (vii), and the provisions of item (iii) of said paragraph
shall apply mutatis
mutandis to the basic daily benefit amount for a person listed in item (vi) or
(vii) of said Article. In this case, the term "said business" in item (ii) of said paragraph shall be deemed to be replaced
with "a business to be carried out in a developing area prescribed in Article 33, item (vi) or (vii) or in an area
outside the area where this Act is in force."
(iii) When an accident involving a person listed in Article 33, item (vi) or (vii)
arose during a period in which the Type 3 special insurance premiums set
forth in Article 10, paragraph (2), item (iii)-2 of the Premiums Collection Act were in arrears, the government may decide not to
pay the whole or a part of the insurance benefits pertaining to said accident.
(2) The provisions of Article 34, paragraphs (2) and (3) shall apply mutatis
mutandis to an association set forth in Article 33, item (vi) or an employer set forth in item (vii) of said Article which/who has
obtained the approval of the government set forth in the preceding paragraph, and the provision of Article
34, paragraph (4) shall apply mutatis mutandis to the right of a person listed
in Article 33, item (vi) or (vii) to receive insurance benefits. In this case, the
term "the approval set forth in the preceding paragraph" and "the approval set forth in paragraph (1)" in these
provisions shall be deemed to be replaced with "the approval set forth in Article 36, paragraph (1)", and the term "the
persons listed in said item and item (ii) of said Article collectively" in Article 34,
paragraph (2) shall be deemed to be replaced with "a person listed in items (vi)
or (vii) of said Article", and the term "items (i) and (ii) of said Article" in
paragraph (4) of said Article shall be deemed to be replaced with "Article 33, item (vi) or (vii)".
Article 37 In addition to what is prescribed in this Chapter, the necessary
matters in respect of the employment injury and commuting injury to persons listed in the items of Article 33 shall be prescribed
by an Ordinance of the Ministry of Health, Labour and Welfare.
Chapter V Appeal and Lawsuits
Article 38 (1) A person who has a complaint about a decision in respect of
insurance benefits may file an application for examination to an industrial
accident compensation insurance examiner, and a person who has a complaint about a decision by the examiner may file an application
for re-examination
with the Labor Insurance Appeal Committee.
(2) A person who has filed an application for examination set forth in the
preceding paragraph may, when no decision in relation to the examination has been rendered even after three months have elapsed from
the day on which the application was made, file an application for re-examination with the Labor
Insurance Appeal Committee without awaiting a decision with regard to the
disposition against which the application for examination was filed. (3) With regard to an interruption of prescription, the application
for
examination set forth in paragraph (1) and the application for re-examination
set forth in the preceding two paragraphs shall be deemed to be a demand by litigation.
Article 39 The provisions of Chapter II, Section 1, Section 2 (excluding Articles
18 and 19) and Section 5 of the Administrative Appeal Act (Act No. 160 of
1962) shall not apply to either the application for examination set forth in
paragraph (1) of the preceding Article or the application for re-examination set forth in paragraph (1) or (2) of said Article.
Article 40 No action for the revocation of a disposition prescribed in Article 38, paragraph (1) may be filed until a determination
has been made by the Labor Insurance Appeal Committee on an application for re-examination of said
disposition; provided, however that this shall not apply where any of the following items applies:
(i) When no determination is made even after three months have elapsed from the day on which the application for re-examination was
made; or
(ii) When there is an urgent need to avoid the substantial harm that would
occur through awaiting a determination on an application for re-examination or when there are other justifiable grounds for not awaiting
such
determination.
Article 41 The provision of Article 37 of the Premiums Collection Act shall apply mutatis mutandis to the money to be collected pursuant
to the provision of
Article 31, paragraph (1), and the provision of Article 38 of the Premiums
Collection Act shall apply mutatis mutandis to the money to be collected
pursuant to the provisions of Article 12-3, paragraphs (1) and (2) and Article 31, paragraph (1).
Chapter VI Miscellaneous Provisions
Article 42 The right to receive each of medical compensation benefits, temporary absence from work compensation benefits, funeral
expenses, nursing care
compensation benefits, medical treatment benefits, temporary absence from work benefits, funeral benefits, nursing care benefits and
follow-up medical examination benefits shall be extinguished by prescription when two years
have elapsed, and the right to receive each of disability compensation benefits,
compensation benefits for surviving family, disability benefits and benefits for surviving family shall be extinguished by prescription
when five years have
elapsed.
Article 43 The provisions of the Civil Code concerning the calculation of the
period of time shall apply mutatis mutandis to the calculation of the period of time prescribed in this Act or in Cabinet Orders and
Ordinances of the
Ministry of Health, Labour and Welfare under this Act.
Article 44 No stamp tax shall be imposed on documents related to industrial accident compensation insurance.
Article 45 The mayor of a municipality (with regard to special wards and designated cities set forth in Article 252-19, paragraph
(1) of the Local
Autonomy Act (Act No. 67 of 1947), the head of a ward) may, pursuant to the provisions of a municipal ordinance of said municipality
(including a special ward), issue a certificate in respect of the family register of a person or
surviving family member seeking to receive insurance benefits, to the administrative agency concerned or the person seeking to receive
insurance benefits, free of charge.
Article 46 An administrative agency may, pursuant to the provisions of an
Ordinance of the Ministry of Health, Labour and Welfare, order a person who employs worker(s), a labor insurance affairs association
or an association
prescribed in Article 35, paragraph (1) to make a report, submit a document or
make an appearance as necessary for the enforcement of this Act.
Article 47 An administrative agency may, pursuant to the provisions of an Ordinance of the Ministry of Health, Labour and Welfare,
order a worker employed in a business for which an insurance relationship has been
established (including a person who shall be deemed to be a worker employed
in said business pursuant to the provisions of Article 34, paragraph (1), item (i), Article 35, paragraph (1), item (iii) or Article
36, paragraph (1), item (i)) or a
person who receives or seeks to receive insurance benefits, to make a report,
make a notification, or submit a document or other articles (hereinafter referred to as a "report, etc." in this Article)
or to make an appearance as necessary for the enforcement of this Act, or may order a third party who
caused an accident which was the cause of insurance benefits (hereinafter
referred to as a "third party" in Article 53) to make a report, etc.
Article 47-2 An administrative agency may, when it finds it necessary in relation to insurance benefits, order a person who receives
or seeks to receive insurance benefits (including the person who is the basis of calculation of the amount of a compensation pension
for surviving family or a pension for surviving family) to undergo a diagnosis by a doctor designated by the agency.
Article 47-3 The government may temporarily suspend the payment of insurance benefits when a person entitled to the right to receive
insurance benefits,
without any justifiable grounds, fails to make a notification or submit a
document or other articles pursuant to the provision of Article 12-7 or fails to comply with an order issued pursuant to the preceding
two Articles.
Article 48 (1) An administrative agency may, to the extent necessary for the enforcement of this Act, have its officials enter the
workplace of a covered
business, or the office of a labor insurance affairs association or of an
association prescribed in Article 35, paragraph (1), question relevant persons or inspect books and documents or other articles.
(2) An official who conducts an on-site inspection pursuant to the provision of the preceding paragraph shall carry his/her identification
card and present it to
the relevant persons.
(3) The authority to conduct on-site inspections under the provision of paragraph
(1) shall not be construed as being vested for criminal investigations.
Article 49 (1) An administrative agency may, when it finds it necessary in
relation to insurance benefits, pursuant to the provisions of an Ordinance of
the Ministry of Health, Labour and Welfare, order the doctor or other person who took charge of the medical examination of a person
who receives or seeks to receive insurance benefits (including the person who is the basis of
calculation of the amount of a compensation pension for surviving family or
pension for surviving family), to submit a report or medical records, books and documents or other articles in relation to the matters
concerning the medical
examination, or may have its officials inspect these articles.
(2) The provision of paragraph (2) of the preceding Article shall apply mutatis
mutandis to the inspection under the provision of the preceding paragraph, and the provision of paragraph (3) of said Article shall
apply mutatis mutandis to
the authority under the provision of the preceding paragraph.
Article 49-2 Where a Cabinet Order or an Ordinance of the Ministry of Health, Labour and Welfare is established, revised or abolished
under this Act,
necessary transitional measures may be provided for by a Cabinet Order or an
Ordinance of the Ministry of Health, Labour and Welfare, respectively, to the extent considered reasonably necessary for such establishment,
revision or
abolition.
Article 49-3 Part of the authority of the Minister of Health, Labour and Welfare prescribed by this Act may, pursuant to the provisions
of an Ordinance of the Ministry of Health, Labour and Welfare, be delegated to the Directors of the
Prefectural Labor Bureaus.
Article 50 Details in respect of the enforcement of this Act shall be prescribed by an Ordinance of the Ministry of Health, Labour
and Welfare.
Chapter VII Penal Provisions
Article 51 When an employer falls under any of the following items, the
employer shall be punished by imprisonment with work for not more than six months or a fine of not more than 300,000 yen. When a labor
insurance affairs association or an association prescribed in Article 35, paragraph (1) falls under any of these items, the same
shall apply to the representative, agent or
employee or other worker of said labor insurance affairs association or said association, who committed the violation:
(i) where the employer or association has failed to make a report or has made a false report, or has failed to submit a document or
has submitted a document containing any false statement, in violation of an order issued pursuant to
the provision of Article 46; or
(ii) where the employer or association has failed to answer or has made a false statement in response to a question asked pursuant
to the provision of
Article 48, paragraph (1), or has refused, impeded or evaded an inspection conducted pursuant to the provisions of Article 48, paragraph
(1).
Article 52 Deleted
Article 53 When a person other than an employer, labor insurance affairs association or association prescribed in Article 35, paragraph
(1) (excluding a third party) falls under any of the following items, that person shall be
punished by imprisonment with work of not more than six months or a fine of
not more than 200,000 yen:
(i) where the person has failed to make a report or notification or has made a false report or notification, or has failed to submit
a document or other
articles or has submitted a document containing any false statement, in violation of an order issued pursuant to the provision of
Article 47;
(ii) where the person has failed to answer or has made a false statement in
response to a question asked pursuant to the provision of Article 48,
paragraph (1), or has refused, impeded or evaded an inspection conducted pursuant to the provision of Article 48, paragraph (1); or
(iii) where the person has failed to make a report or has made a false report or has failed to present medical records, books and
documents or other articles in violation of an order issued pursuant to the provisions of Article 49,
paragraph (1), or has refused, impeded or evaded an inspection conducted
pursuant to the provision of said Article.
Article 54 (1) When a representative of a juridical person (including labor insurance affairs associations and associations prescribed
in Article 35,
paragraph (1) which are not juridical persons; hereinafter the same shall apply in this paragraph) or an agent, employee or any other
worker for a juridical
person or an individual has, with regard to the business of said juridical person
or individual, committed a violation set forth in Article 51 or the preceding
Article, not only the offender shall be punished but also said juridical person or individual shall be punished by the fine prescribed
in the respective Articles.
(2) Where a labor insurance affairs association or an association prescribed in
Article 35, paragraph (1) which is not a juridical person is punished pursuant to the provision of the preceding paragraph, the representative
of the labor
insurance affairs association or association shall represent the labor insurance affairs association or association in conducting
procedural acts, and the
provisions of Acts concerning criminal proceedings in cases where a juridical
person is an accused or a suspect shall apply mutatis mutandis.
Supplementary Provisions
Article 55 The date when this Act shall come into force shall be specified by an
Imperial Ordinance.
Article 56 For five years after the enforcement of this Act, the premium rate shall, notwithstanding the provision of Article 26,
be specified by the
competent minister per yen in wages for each grade, after consulting with the
Labour Policy Council.
Article 57 (1) The Industrial Accident Support Liability Insurance Act shall be repealed.
(2) With regard to insurance benefits for any accident that arose prior to the
enforcement of this Act and the premiums for any period prior to the enforcement of this Act, the former Act shall remain applicable.
(3) With regard to the punishment for any person to whom the penal provisions
of the former Act prior to the enforcement of this Act should have been applied, the former Act shall remain applicable.
(4) At the time of the enforcement of this Act, the premiums already paid by a
person who has an insurance contract with the government for industrial
accident support liability insurance for any period after the enforcement of this
Act may be appropriated as premiums of this insurance.
(5) In addition to what is prescribed in the preceding three paragraphs, any
necessary matters upon the repeal of the former Act shall be prescribed by a
Cabinet Order or Municipal Ordinance.
Article 58 (1) Where a person entitled to the right to receive a disability compensation pension has died, if the total of the amount
of the disability compensation pension paid to said person (for the part of said disability
compensation pension paid for the period until July of the fiscal year
containing the day on which the person died (in cases where the month
containing said day on which the person died falls on any of the months from
April to July, the previous fiscal year; hereinafter the same shall apply in this paragraph), the amount obtained by making a calculation
in accordance with
the provisions of Article 16-6, paragraph (2) as provided for by an Ordinance of the Ministry of Health, Labour and Welfare) and the
amount of the disability compensation pension advance lump sum payment pertaining to said disability compensation pension paid to
said person (in cases where the grounds for the
payment of said disability compensation pension advance lump sum payment
arose in or before July of the fiscal year containing said day on which the
person died, the amount obtained by making a calculation in accordance with the method of calculating the amount of the compensation
pension for
surviving family under the provision of said paragraph as provided for by an Ordinance of the Ministry of Health, Labour and Welfare)
is less than the amount among those listed in the right-hand column of the following table
corresponding to the grade of disability pertaining to the relevant disability
compensation pension listed in the left-hand column of said table (in cases where said day on which the person died is August 1 of
the fiscal year two years after the fiscal year the day of the occurrence of the grounds for
calculation or any subsequent day, the amount to be obtained where the
amount obtained by making a calculation in accordance with the provision of
Article 8-3, paragraph (1) as applied mutatis mutandis pursuant to Article 8-4 as provided for by an Ordinance of the Ministry of
Health, Labour and Welfare is regarded as the basic daily benefit amount in said table), the government
shall, for the time being, pay a disability compensation pension balance lump
sum payment equivalent to the amount of such balance as insurance benefits to the surviving family members of said person based on
their claims.
(2) The surviving family members eligible to receive a disability compensation pension balance lump sum payment shall be those listed
in the following items. In this case, the order of priority of the surviving family members who are to
receive the disability compensation pension balance lump sum payment shall be in accordance with the order set forth in the following
items, and among
those listed in said items, the order set forth in the respective items:
(i) the worker's spouse, children, parents, grandchildren, grandparents and siblings who shared living expenses with the worker
at the time of his/her death; or
(ii) the worker's spouse, children, parents, grandchildren, grandparents and
siblings who do not fall under the preceding item.
(3) The right to receive a disability compensation pension balance lump sum
payment shall be extinguished by prescription when five years have elapsed.
(4) With regard to a disability compensation pension balance lump sum payment, the provision of Article 10 shall apply by deeming
it to be compensation
benefits for surviving family, and the provisions of Article 12, paragraph (3) and Article 20, paragraph (1) of the Premiums Collection
Act shall apply by deeming it to be a lump sum compensation for surviving family to be paid in the case referred to in Article 16-6,
paragraph (1), item (ii).
(5) The provisions of Article 16-3, paragraph (2) and Article 16-9, paragraphs (1) and (2) shall apply mutatis mutandis to the disability
compensation pension balance lump sum payment. In this case, the term "the preceding paragraph"
and "Appended Table 1" in Article 16-3, paragraph (2) shall be respectively deemed to be replaced with "Article 58,
paragraph (1)" and "said paragraph".
Article 59 (1) The government shall, for the time being, in cases where a worker has suffered an injury or disease resulting from
an employment-related cause
and remains physically disabled when he/she has recovered, pay a disability compensation pension advance lump sum payment with respect
to said
disability, as insurance benefits, to the person entitled to the right to receive a
disability compensation pension based on his/her claim.
(2) The amount of the disability compensation pension advance lump sum
payment shall be an amount specified by an Ordinance of the Ministry of
Health, Labour and Welfare, corresponding to the grade of disability
pertaining to the relevant disability compensation pension listed in the left- hand column of the table in paragraph (1) of the preceding
Article, up to the limit of the amount of those listed in the right-hand column of said table (when a claim set forth in the preceding
paragraph is made in or after August of the fiscal year two years after the fiscal year containing the day of the occurrence
of the grounds for calculation, the amounts to be obtained where the basic daily
benefit amount to be obtained by deeming said disability compensation pension
advance lump sum payment to be a disability compensation lump sum payment and applying the provision of Article 8-4 thereto is regarded
as the basic daily
benefit amount in said table).
(3) Where a disability compensation pension advance lump sum payment is paid,
the payment of a disability compensation pension pertaining to the disability of said worker shall be suspended for the period until
the total amount payable
each month reaches the amount of said disability compensation pension advance lump sum payment in accordance with the calculation
method specified by an Ordinance of the Ministry of Health, Labour and Welfare.
(4) The right to receive a disability compensation pension advance lump sum
payment shall be extinguished by prescription when two years have elapsed. (5) A disability compensation pension advance lump sum
payment shall be
deemed to be the disability compensation pension, and the provision of Article
12, paragraph (3) and Article 20, paragraph (1) of the Premiums Collection Act shall apply thereto.
(6) During the period in which the payment of a disability compensation pension payable to a person who has received a disability
compensation pension
advance lump sum payment is suspended pursuant to the provision of
paragraph (3), said disability compensation pension shall not be subject to the application of the provisions of Article 36-2, paragraph
(2) of the National
Pension Act and Article 65, paragraph (2) of the National Pension Act
(hereinafter referred to as "former National Pension Act" in this paragraph and paragraph (7) of the following Article)
prior to the revision pursuant to the
provision of Article 1 of the Act for the Partial Revision of the National Pension
Act (Act No. 34 of 1985; hereinafter referred to as "Act No. 34 of 1985" in this paragraph and paragraph (7) of the following
Article), which shall remain in
force pursuant to the provision of Article 32, paragraph (11) of the
Supplementary Provisions of Act No. 34 of 1985 (including cases where Article
65, paragraph (2) of the former National Pension Act shall govern pursuant to the provision of Article 28, paragraph (10) of the Supplementary
Provisions of Act No. 34 of 1985 and the cases where it is applied mutatis mutandis
pursuant to Article 79-2, paragraph (5) of the former National Pension Act
which shall remain in force pursuant to the provision of Article 32, paragraph (11) of the Supplementary Provisions of Act No. 34
of 1985; hereinafter the same shall apply in paragraph (7) of the following Article); nor to the
application of the provision of the proviso to Article 4, paragraph (3), item (ii)
of the Child Rearing Allowance Act (Act No. 238 of 1961); nor to the application of the provision of the proviso to Article 3, paragraph
(3), item (ii) and proviso
to Article 17, item (i) of the Act Concerning the Payment of Special Child
Rearing Allowance (Act No. 134 of 1964).
Article 60 (1) The government shall, for the time being, in cases where a worker has died as a result of employment, pay a compensation
pension advance lump sum payment for surviving family with respect to said death, as insurance
benefits, to the surviving family members entitled to the right to receive a compensation pension for surviving family based on their
claims.
(2) The amount of the compensation pension advance lump sum payment for
surviving family shall be an amount specified by an Ordinance of the Ministry of Health, Labour and Welfare, up to the limit of the
amount equivalent to
1,000 days of the basic daily benefit amount (in cases where a claim set forth in
the preceding paragraph is made in or after August of the fiscal year two years after the fiscal year containing the day of the occurrence
of the grounds for
calculation, the amount equivalent to the basic daily benefit amount to be
obtained by deeming said compensation pension advance lump sum payment for surviving family to be a lump sum compensation for surviving
family and applying the provision of Article 8-4 thereto.)
(3) Where a compensation pension advance lump sum payment for surviving
family is paid, the payment of a compensation pension for surviving family
pertaining to the death of said worker shall be suspended for the period until
the total amount payable each month reaches the amount of said compensation pension advance lump sum payment for surviving family,
in accordance with
the calculation method specified by an Ordinance of the Ministry of Health,
Labour and Welfare.
(4) For the purpose of the application of the provision of Article 16-6 in cases
where a compensation pension advance lump sum payment for surviving family is paid, the term "the amount of the compensation
pension for surviving
family" in paragraph (1), item (ii) of said Article shall be deemed to be replaced with "the amount of the compensation
pension for surviving family and the amount of the compensation pension advance lump sum payment for surviving family (in cases where
the grounds for payment of said compensation pension
advance lump sum payment for surviving family arose in or before July of the
fiscal year containing the day on which said right was extinguished (in cases
where the month containing the day on which said right was extinguished falls in any of the months from April to July, the previous
fiscal year), the amount
obtained by making a calculation in accordance with the method of calculating the amount of the compensation pension for surviving
family under the
provision of the following paragraph as provided for by an Ordinance of the
Ministry of Health, Labour and Welfare)".
(5) The right to receive a compensation pension advance lump sum payment for surviving family shall be extinguished by prescription
when two years have
elapsed.
(6) The compensation pension advance lump sum payment for surviving family
shall be deemed to be a compensation pension for surviving family, and the provision of Article 12, paragraph (3) and Article 20,
paragraph (1) of the
Premiums Collection Act shall apply thereto.
(7) During the period in which the payment of a compensation pension for
surviving family payable to a person who has received a compensation pension advance lump sum payment for surviving family is suspended
pursuant to the provision of paragraph (3), said compensation pension for surviving family shall not be subject to the application
of the provisions of Article 36-2,
paragraph (2) of the National Pension Act and Article 65, paragraph (2) of the
former National Pension Act which shall remain in force pursuant to the
provision of Article 32, paragraph (11) of the Supplementary Provisions of Act
No. 34 of 1985; nor to the application of the provisions of the proviso to Article
4, paragraph (2), item (ii) and the proviso to Article 4, paragraph (3), item (ii)
of the Child Rearing Allowance Act.
Article 61 (1) Where a person entitled to the right to receive a disability pension has died, if the total of the amount of the disability
pension paid to said person (for the part of said disability pension paid for the period until July of the
fiscal year containing said day on which the person died (in cases where the
month containing the day on which the person died falls in any of the months
from April to July, the previous fiscal year; hereinafter the same shall apply in this paragraph), the amount obtained by making a
calculation in accordance
with the provisions of Article 16-6, paragraph (2) as provided for by an
Ordinance of the Ministry of Health, Labour and Welfare) and the amount of
the disability pension advance lump sum payment pertaining to said disability
pension paid to said person (in cases where the grounds for the payment of said disability pension advance lump sum payment arose
in or before July of the
fiscal year containing said day on which the person died, the amount obtained by making a calculation in accordance with the method
of calculating the
amount of the compensation pension for surviving family under said paragraph
as provided for by an Ordinance of the Ministry of Health, Labour and Welfare)
is less than the amount among those listed in the right-hand column of the table in Article 58, paragraph (1) corresponding to the
grade of disability
pertaining to the relevant disability pension listed in the left-hand column of said table (in cases where said day on which the person
died is August 1 of the fiscal year two years after the fiscal year containing the day of the occurrence
of the grounds for calculation or any subsequent day, the amount to be
obtained where the amount obtained by making a calculation in accordance with the provision of Article 8-3, paragraph (1) as applied
mutatis mutandis pursuant to Article 8-4 as provided for by an Ordinance of the Ministry of
Health, Labour and Welfare is regarded as the basic daily benefit amount in
said table), the government shall, for the time being, pay a disability pension balance lump sum payment equivalent to the amount
of such balance, as
insurance benefits, to the surviving family members of said person based on their claims.
(2) A disability pension balance lump sum payment shall be deemed to be
benefits for surviving family, and the provision of Article 10 shall apply thereto. (3) The provisions of Article 16-3, paragraph
(2), Article 16-9, paragraphs (1) and
(2) and Article 58, paragraphs (2) and (3) shall apply mutatis mutandis to a disability pension balance lump sum payment. In this
case, the term "the
preceding paragraph" and "Appended Table 1" in Article 16-3, paragraph (2) shall be deemed to be replaced, respectively,
with "Article 61, paragraph (1)" and "said paragraph".
Article 62 (1) The government shall, for the time being, in cases where a worker has suffered an injury or disease resulting from
commuting and remains
physically disabled when he/she has recovered, pay a disability pension
advance lump sum payment, as insurance benefits, to the person entitled to the right to receive a disability pension based on his/her
claim.
(2) The amount of the disability pension advance lump sum payment shall be an amount specified by an Ordinance of the Ministry of
Health, Labour and
Welfare prescribed in Article 59, paragraph (2) corresponding to the grade of
disability pertaining to the relevant disability pension listed in the left-hand column of the table of Article 58, paragraph (1).
(3) The provisions of Article 59, paragraphs (3), (4) and (6) shall apply mutatis
mutandis to a disability pension advance lump sum payment. In this case, the term "disability compensation pension" in paragraphs
(3) and (6) of the same
Article shall be deemed to be replaced with "disability pension".
Article 63 (1) The government shall, for the time being, in cases where a worker has died as a result of commuting, pay a pension
advance lump sum payment for surviving family with respect to said death, as insurance benefits, to the surviving family members
entitled to the right to receive a pension for
surviving family based on their claims.
(2) The amount of the pension advance lump sum payment for surviving family shall be an amount specified by an Ordinance of the Ministry
of Health, Labour and Welfare prescribed in Article 60, paragraph (2).
(3) The provisions of Article 60, paragraphs (3) to (5) and (7) shall apply mutatis
mutandis to a pension advance lump sum payment for surviving family. In this case, the term "compensation pension for surviving
family" in paragraph (3) of
said Article shall be deemed to be replaced with "pension for surviving family", the term "Article 16-6" and "the
amount of the compensation pension for
surviving family" in paragraph (4) of said Article shall be deemed to be
replaced, respectively, with "Article 16-6 with certain terms replaced pursuant to the provision of Article 22-4, paragraph (3)"
and "the amount of the pension
for surviving family" and the term "of a compensation pension for surviving family" and "said compensation pension
for surviving family " in paragraph (7) of said Article shall be deemed to be replaced, respectively, with "of a pension
for surviving family" and "said pension for surviving family ".
Article 64 (1) Where a worker or his/her surviving family members are to receive a disability compensation pension or a compensation
pension for surviving
family or a disability pension or a pension for surviving family (hereinafter referred to as "pension benefits" in this
Article) (limited to cases where such person or persons are, at the time when he/she or they have acquired the right to receive said
pension benefits, eligible to claim a disability compensation pension advance lump sum payment, compensation pension advance lump
sum
payment for surviving family, disability pension advance lump sum payment or
pension advance for surviving family (hereinafter referred to as an "advance
lump sum benefit payment" in this Article) pertaining to said pension benefits), and said person or persons are eligible to receive
damages, on the same
grounds, under the Civil Code or other Acts (hereinafter simply referred to as
"damages"; limited to that part of the damages which compensates for the loss compensated for by said pension benefits)
from an employer who employs or employed said worker, said damages shall, for the time being, be provided as
follows:
(i) The employer may, during the period until the right of said worker or
his/her surviving family members to receive pension benefits is extinguished, choose not to fulfill the obligation to pay the damages,
up to the limit of the total amount which, when calculated at the statutory interest rate for the
period between the time of the occurrence of the loss until the time when
such person or persons are to receive an advance lump sum benefit payment, would be equivalent to the maximum amount of said advance
lump sum benefit payment (in cases where the employer is exempted from the liability for damages pursuant to the provision of the
following item, the amount
obtained by deducting said amount exempted).
(ii) When pension benefits or an advance lump sum benefit payment have or has been paid during a period in which the obligation to
pay damages has been deferred pursuant to the provision of the preceding item, the employer shall be exempted from the liability
for damages, up to the limit of the total amount which, when calculated at the statutory interest rate for the period between the
time of the occurrence of the loss until the time when said
payment was made, would be equivalent to the amount of said pension
benefits or advance lump sum benefit payment.
(2) Where a worker or his/her surviving family members are eligible to receive damages from an employer who employs or employed said
worker, and such person or persons, at the time when he/she or they are to receive insurance benefits, have received damages (limited
to that part of the damages which compensates for the loss compensated for by said insurance benefits) on the
same grounds, the government may decide not to pay any insurance benefits up
to the limit of the amount of those damages according to the standards
specified by the Minister of Health, Labour and Welfare after consulting with the Labor Policy Council; provided, however, that where
pension benefits
prescribed in the preceding paragraph are to be received, this shall not apply to the insurance benefits listed in the following:
(i) pension benefits (limited to pension benefits in relation to the period until
the total amount payable each month to a worker or his/her surviving family members reaches the amount equivalent to the maximum amount
of an
advance lump sum benefit payment pertaining to the relevant pension benefits (with regard to those who have received said advance
lump sum benefit payment, the amount after deducting the amount paid) in accordance with the method prescribed by an Ordinance of
the Ministry of Health,
Labour and Welfare);
(ii) a disability compensation pension balance lump sum payment, lump sum compensation for surviving family to be paid under Article
16-6, paragraph (1), item (ii), disability pension balance lump sum payment, and lump sum payment for surviving family to be paid
under Article 16-6, paragraph (1),
item (ii) as applied mutatis mutandis by replacing certain terms pursuant to
Article 22-4, paragraph (3); and
(iii) an advance lump sum benefit payment
Supplementary Provisions [Act No. 130 of June 11, 1965] [Extract] Article 1 This Act shall come into force as from August 1, 1965.
Article 2 With regard to a business for which an insurance relationship has been established prior to the enforcement of the provision
of Article 1, the provision
of Article 3-2 of the Industrial Accident Compensation Insurance Act revised by the provision of Article 1 (hereinafter referred to
as the "New Act" in this
Article to Article 8 of the Supplementary Provisions) shall not apply.
Article 3 (1) The employer in a business for which an insurance relationship has been established, prior to the enforcement of the
provision of Article 1, under
the provision of Article 6 of the Industrial Accident Compensation Insurance
Act prior to the revision by the provision of Article 1 (hereinafter referred to as the "Former Act" in this Article to
Article 8 of the Supplementary Provisions) (excluding those businesses for which the insurance subscriber has made a
report set forth in Article 28, paragraph (1) or paragraph (2) of the Former Act or the government has given a notice set forth in
paragraph (3) of said Article) shall notify the government of the matters prescribed in Article 6, paragraph
(2) of the New Act no later than August 5, 1965.
(2) A person who has failed to make a notification under the provision of the preceding paragraph or made a false notification shall
be punished by
imprisonment with work for not more than six months or a fine of not more than 50,000 yen.
(3) When the representative of a juridical person or an agent, employee or other
worker of a juridical person or individual has committed a violation set forth in the preceding paragraph, not only the offender shall
be punished, but also said juridical person or individual shall be punished by the fine set forth in said
paragraph.
Article 4 With regard to the employer in a business being conducted, at the time of the enforcement of the provision of Article 1,
under several subcontracts for work, the provision of Article 8 of the Former Act shall remain applicable.
Article 5 With regard to medical treatment compensation or temporary absence from work compensation payable pursuant to the provisions
of the Former Act which have not yet been paid by the time of the enforcement of the provision of Article 1, the provisions then
in force shall remain applicable.
Article 6 Where the injury or disease resulting from an employment-related cause, which pertains to the medical treatment commenced
prior to the
enforcement of the provision of Article 1, is cured after the enforcement of the provision of said Article, the provision of Article
12, paragraph (1), item (i) of
the New Act shall also apply to the part of the medical treatment that was provided prior to the enforcement of the provision of Article
1.
Article 7 Where a person has been temporarily absent from work for not more than seven days prior to the enforcement of the provision
of Article 1 and
continues to be temporarily absent from work on the same grounds after the
enforcement of the provision of said Article, the provision of Article 12,
paragraph (1), item (ii) of the New Act shall also apply to the temporary
absence from work prior to the enforcement of the provision of Article 1. In this case, if such person has been temporarily absent
from work for more than
seven days, he/she shall be paid temporary absence from work compensation
for the period until the third day of such temporary absence from work.
Article 8 (1) With regard to insurance benefits pertaining to an accident which arose prior to the enforcement of the provision of
Article 1, the provisions of
Article 17 to Article 19-2 of the Former Act shall remain in force.
(2) The provision of Article 30-4 of the New Act shall not apply to an accident which arose prior to the enforcement of the provision
of Article 1.
Article 9 The Labor Standards Act shall be partially revised as follows: [Omitted]
Article 10 With regard to accident compensation for a business conducted under several subcontracts for work, which pertains to an
accident that arose on or
before July 31, 1965, the provision of Article 87 of the Labor Standards Act prior to the revision by the provision of the preceding
Article shall apply.
Article 11 The Labor Welfare Corporation Act (Act No. 126 of 1957) shall be partially revised as follows:
[Omitted]
Article 12 The government shall conduct research and studies on efficient measures to include all businesses, which have not yet
been compulsorily covered under industrial accident compensation insurance, into the scope of
compulsorily covered businesses, in consideration of the relevance with other
social insurance systems and with the aim of obtaining results within two years, and take necessary measures promptly based on the
findings of such research and studies.
Article 13 Deleted
Article 14 With regard to a Type 1 disability compensation, injury and disease benefits and Type 1 disability benefits under the
provisions of the Industrial
Accident Compensation Insurance Act prior to the revision by the provision of
Article 3 (hereinafter referred to as the "Former Act" in this Article to Article
16 of the Supplementary Provisions) pertaining to a period until the day
preceding the date of the enforcement of the provision of Article 3, and a Type
2 disability compensation, compensation for surviving family, funeral expenses, type 2 disability benefits, benefits for surviving
family and funeral rites
benefits under the provisions of the Former Act, which have not yet been paid
by the time of the enforcement of the provision of said Article, the provisions then in force shall remain applicable.
Article 15 A person who is eligible, at the time of the enforcement of the
provision of Article 3, to receive a Type 1 disability compensation or Type 1
disability benefits or receive injury and disability benefits under the provisions of the Former Act shall be paid a disability compensation
pension or long-term
injury and disease compensation benefits under the provisions of the Industrial
Accident Compensation Insurance Act after the revision by the provision of
said Article (hereinafter referred to as the "New Act"), respectively. In this case, with regard to long-term injury and
disease compensation benefits to be paid to
a person eligible to receive Type 1 injury and disease benefits, if such person reports to the government within 30 days after the
enforcement of the
provision of said Article, he/she shall be paid a pension only at the amount set
under the provisions then in force, notwithstanding the provision of Article 18, paragraph (1) of the New Act, for the period until
he/she recovers from the
injury or disease or needs to receive medical treatment for the injury or disease
while staying in a hospital or clinic.
Article 16 With regard to the amount of insurance benefits prescribed in Article
27 or Article 30-2, paragraph (1), item (i) or item (ii) of the New Act, a Type 1 disability compensation and type 1 disability benefits
under the provisions of the Former Act shall be deemed to be a disability compensation pension, and
injury and disease benefits under the provisions of said Act shall be deemed to
be long-term injury and disease compensation benefits. Article 40 to Article 42 Deleted
Article 43 (1) Until the scope of surviving family members eligible to receive a compensation pension for surviving family has been
revised under the
provision of Article 45 of the Supplementary Provisions, a worker's husband (including a person who has not made a notification
of marriage but has been in a de facto marital relationship with the worker; hereinafter the same shall apply in the following paragraph),
parents, grandparents and siblings who
were dependent on the worker's income at the time of his/her death and were
55 or over or under 60 years of age (excluding those prescribed in Article 16-2,
paragraph (1), item (iv) of the Industrial Accident Compensation Insurance Act who do not fall under Article 16-4, paragraph (1),
item (vi) of said Act) shall,
notwithstanding the provision of Article 16-2, paragraph (1) of said Act, be regarded as surviving family members eligible to receive
a compensation
pension for surviving family under the provisions of said Act. In this case, the
term "any of the items of the preceding paragraph" in Article 16-4, paragraph
(2) of said Act shall be deemed to be replaced with "any of the items of the
preceding paragraph (excluding item (vi))," and the term "surviving family members eligible to receive a compensation pension
for surviving family" in the row concerning a compensation pension for surviving family in Appended Table
1 of said Act shall be deemed to be replaced with "surviving family members eligible to receive a compensation pension for surviving
family (excluding
surviving family members prescribed in Article 43, paragraph (1) of the
Supplementary Provisions of the Act for Partial Revision to the Industrial
Accident Compensation Insurance Act (Act No. 130 of 1965) who are under 60 years of age)."
(2) The order of priority of the surviving family members prescribed in the preceding paragraph for the title to receive a compensation
pension for
surviving family shall be in accordance with the order prescribed in Article 16-
2, paragraph (1) of the Industrial Accident Compensation Insurance Act, and among those surviving family members prescribed in the
preceding paragraph, the order shall be the husband, parents, grandparents and siblings.
(3) Payment of a compensation pension for surviving family payable to surviving
family members prescribed in paragraph (1) shall be suspended until the
month in which they reach the age of 60; provided, however, that this shall not preclude the application of the provision of Article
60 of the Industrial Accident Compensation Insurance Act.
Article 44 In addition to what is provided for by the Supplementary Provisions, any necessary matters concerning the enforcement
of this Act shall be
prescribed by a Cabinet Order.
Article 45 With regard to compensation in pension form for employment injuries of workers, continuous review shall be conducted in
consideration of the
relationships between the industrial accident compensation insurance system and the employee's pension insurance and other social
insurance systems, and separate legislative measures shall be taken promptly based on the results of
the review.
Supplementary Provisions [Act No. 30 of April 23, 2007] [Extract] Article 1 This Act shall come into force as from the date of
promulgation;
provided, however, that the provisions listed in the following items shall come into force as from the dates specified in the respective
items:
(i) and (ii) (Omitted)
(iii) the provisions of Article 2, Article 4, and Article 6 (the rest omitted): the date of enforcement of the Japan Pension Organization
Act
Article 51 With regard to the benefits paid through the services listed in Article
29, paragraph (1), item (iv) of the Industrial Accident Compensation Insurance Act prior to the revision by the provision of Article
5, for which the grounds for payment arose prior to the date of enforcement, the provisions then in force shall remain applicable.
Article 52 For the purpose of the application of the provisions of the Act on the Collection of Premiums on Labor Insurance revised
by the provision of Article 7 with regard to the expenses necessary for the payment of the benefits to which
the provisions then in force shall remain applicable pursuant to the provision
of the preceding Article, the term "services" in Article 10, paragraph (1) of said Act shall be deemed to be replaced with
"services (including the services for the payment of the benefits to which the provisions then in force shall remain
applicable pursuant to the provision of Article 51 of the Supplementary
Provisions of the Act for Partial Revision to the Employment Insurance Act, etc. (Act No. 30 of 2007) (hereinafter referred to as
the "benefit payment
services"))," and the term "and the social rehabilitation promotion services" in
Article 12, paragraph (2) of said Act shall be deemed to be replaced with "and the social rehabilitation promotion services (including
the benefit payment
services; the same shall apply hereinafter)."
Article 53 For the purpose of the application of the provisions of the Act on
Special Accounts revised by the provision of Article 136 of the Supplementary Provisions with regard to the expenses necessary for
the benefits to which the provisions then in force shall remain applicable pursuant to the provision of Article 51 of the Supplementary
Provisions, the term "expenses for the social
rehabilitation promotion services" in Article 99, paragraph (1), item (ii)(b) of
said Act shall be deemed to be replaced with "expenses for the social
rehabilitation promotion services (including the expenses necessary for the
services for the payment of the benefits to which the provisions then in force shall remain applicable pursuant to the provision of
Article 51 of the
Supplementary Provisions of the Act for Partial Revision to the Employment
Insurance Act, etc. (Act No. 30 of 2007))."
Article 142 After approximately five years from the enforcement of this Act, the government shall, in consideration of the status
of the enforcement of this Act and others of a similar nature, examine desirable regulations under the
provisions of the Employment Insurance Act, etc. revised by this Act, and take any necessary measures based on the results of the
examination when it finds
it necessary to do so.
Article 143 In addition to what is provided for by the Supplementary Provisions, transitional measures necessary for the enforcement
of this Act shall be
prescribed by a Cabinet Order.
Supplementary Provisions [Act No. 109 of July 6, 2007] [Extract]
Article 1 This Act shall come into force as from the day specified by a Cabinet
Order within a period until April 1, 2010; provided, however, that the
provisions listed in the following items shall come into force as from the dates specified in the respective items:
(i) (Omitted) the provisions of Article 66 and Article 75 of the Supplementary
Provisions: the date of promulgation; (ii) (Omitted)
Article 73 (1) A determination, approval, designation, authorization or other disposition, or notice or other act made by the Commissioner
of the Social
Insurance Agency, the Director-General of a Regional Social Insurance Bureau or the head of a social insurance office (hereinafter
referred to as the
"Commissioner of the Social Insurance Agency, etc.") pursuant to the
provisions of laws and regulations prior to the enforcement of this Act (in the case of the provisions listed in the items of Article
1 of the Supplementary Provisions, the respective provisions; the same shall apply hereinafter), except those otherwise provided
for by laws and regulations, shall respectively be
deemed, after the enforcement of this Act, to be a determination, approval,
designation, authorization or other disposition or notice or other act made by
the Minister of Health, Labour and Welfare, the Director-General of a Regional
Bureau of Health and Welfare or the Director-General of a Regional Branch
Bureau of Health and Welfare or the Japan Pension Organization (hereinafter referred to as the "Minister of Health, Labour and
Welfare, etc.") pursuant to the corresponding provisions of laws and regulations after the enforcement of
this Act.
(2) An application, notification or other act made to the Commissioner of the
Social Insurance Agency, etc. pursuant to the provisions of laws and
regulations prior to the enforcement of this Act, except those otherwise
provided for by laws and regulations, shall respectively be deemed, after the
enforcement of this Act, to be an application, notification or other act made to
the Minister of Health, Labour and Welfare, etc. pursuant to the corresponding provisions of laws and regulations after the enforcement
of this Act.
(3) With regard to the matters for which a report, notification, submission or
other procedure should be performed before the Commissioner of the Social
Insurance Agency, etc. pursuant to the provisions of laws and regulations prior
to the enforcement of this Act, if the relevant procedure has not yet been
performed prior to the date of enforcement, except those otherwise provided for by laws and regulations, it shall be deemed that a
report, notification, submission or other procedure has not yet been performed for the matters for
which the relevant procedure should be performed before the Minister of
Health, Labour and Welfare, etc. pursuant to the corresponding provisions of laws and regulations after the enforcement of this Act,
and the provisions of
laws and regulations after the enforcement of this Act shall apply thereto.
(4) A determination, approval, designation, authorization or other disposition or notice or other act to be made by the Commissioner
of the Social Insurance
Agency, etc. pursuant to the provisions of laws and regulations which shall remain applicable, and an application, notification or
other act to be made to the Commissioner of the Social Insurance Agency, etc. pursuant to such
provisions of laws and regulations, except those otherwise provided for by laws and regulations, shall be made by or made to the Minister
of Health, Labour and Welfare, etc., respectively, according to the categories of authorities under the provisions of laws and regulations
after the enforcement of this Act or of
affairs pertaining to such authorities.
Article 75 In addition to what is provided for by the Supplementary Provisions, necessary transitional measures for the enforcement
of this Act shall be
prescribed by a Cabinet Order.
Supplementary Provisions [Act No. 110 of July 6, 2007] [Extract]
Article 1 This Act shall come into force as from April 1, 2008; provided, however, that the provisions listed in the following items
shall come into force as from
the dates specified in the respective items:
(i) the provisions of Article 1, Article 6, Article 13, Article 16 and Article 19 of this Act, and Article 23, Article 25, Article
27 and Article 28 of the
Supplementary Provisions: the date of promulgation; (ii) and (iii) (Omitted)
(iv) the provisions of Article 8, Article 18, and Article 20 to Article 23 of this
Act, and Article 7 to Article 9, Article 13, Article 16 and Article 24 of the
Supplementary Provisions: April 1, 2009; (v) to (vii) (Omitted)
Article 27 With regard to the application of penal provisions to an act conducted prior to the enforcement of this Act (in the case
of the provisions listed in the items of Article 1 of the Supplementary Provisions, the respective provisions;
the same shall apply in the following Article), the provisions then in force shall
remain applicable.
Article 28 In addition to what is provided for by the Supplementary Provisions, transitional measures necessary for the enforcement
of this Act shall be
prescribed by a Cabinet Order.
Supplementary Provisions [Act No. 111 of July 6, 2007] [Extract]
Article 1 This Act shall come into effect as from the date of promulgation.
Article 8 In addition to what is provided for by the Supplementary Provisions, transitional measures necessary for the enforcement
of this Act shall be
prescribed by a Cabinet Order.
Appended Table 1 (Re: Article 14, Article 15, Article 15-2, Article 16-3, Article 18, Article 18-2, Article 22-3, Article 22-4 and
Article 23)
(i) In cases where a disability compensation pension, injury and disease
compensation pension or compensation pension for surviving family is paid, and on the same grounds (meaning the relevant disability
or
death in the case of a disability compensation pension and
compensation pension for surviving family, and the fact of being disabled due to the relevant injury or disease in the case of an
injury
and disease compensation pension, respectively; the same shall apply
hereinafter), a disability employee's pension under the provisions of the Employee's Pension Insurance Act and a basic pension
for
surviving family under the provisions of the National Pension Act
(excluding a disability basic pension under the provision of Article 30-
4 of the National Pension Act; the same shall apply hereinafter) or an employee's pension for surviving family under the provisions
of the
Employee's Pension Insurance Act and a basic pension for surviving
family or widow's pension under the provisions of the National
Pension Act are also paid: the amount obtained by multiplying each of the amounts listed in the lower columns by the rate specified
by a
Cabinet Order within a range not lower than the rate obtained by
making the calculation as explained in (a) to (c) below according to the categories of insurance benefits in pension form listed in
(a) to (c)
respectively (if the amount thus obtained is less than the amount specified by a Cabinet Order, said amount specified by a Cabinet
Order)
(a) Disability compensation pension: the rate obtained by the following formula: [1] calculating, with regard to all persons who received
a disability compensation pension in the insurance year before the
previous year (meaning the period from April 1 of the year before the previous year until March 31 of the previous year; hereinafter
the same shall apply in this item) and were also paid, on the same
grounds, a disability employee's pension under the provisions of the
Employee's Pension Insurance Act and a disability basic pension under the provisions of the National Pension Act, the average
amount of the
amounts of disability compensation pension paid in the insurance year
before the previous year (meaning the amounts of disability
compensation pension paid in cases where it is assumed that those persons were paid no disability employee's pension under the
provisions of the Employee's Pension Insurance Act nor disability basic pension under the provisions of the National Pension Act);
[2] calculating the average amount of the total amounts of disability
employee's pension under the provisions of the Employee's Pension
Insurance Act and disability basic pension under the provisions of the
National Pension Act received by those persons in the insurance year before the previous year; [3] deducting the amount obtained by
multiplying the average amount in [2] by 50 percent from the average
amount in [1]; and [4] dividing the amount thus obtained by the
average amount of disability compensation pension paid (average amount in [1])
(b) Compensation pension for surviving family: the rate obtained by
making a calculation by the formula prescribed in (a), while replacing the terms "disability compensation pension," "disability
employee's
pension" and "disability basic pension" in (a) with "compensation
pension for surviving family," "employee's pension for surviving
family," and "basic pension for surviving family or widow's pension," respectively
(c) Injury and disease compensation pension: the rate obtained by
making a calculation by the formula prescribed in (a), while replacing the term "disability compensation pension" in (a)
with "injury and
disease compensation pension"
(ii) In cases where a disability compensation pension, injury and disease compensation pension or compensation pension for surviving
family is
paid, and on the same grounds, and a disability employee's pension or
employee's pension for surviving family under the provisions of the
Employee's Pension Insurance Act is also paid (excluding the case
prescribed in item (i)): the amount obtained by multiplying each of the amounts set forth in the lower columns by the rate specified
by a
Cabinet Order as being equivalent to the rate specified by a Cabinet
Order set forth in the preceding item according to the categories of
insurance benefits in pension form (if the amount thus obtained is less than the amount specified by a Cabinet Order, said amount
specified
by a Cabinet Order)
(iii) In cases where a disability compensation pension, injury and disease compensation pension or compensation pension for surviving family is paid, and on the same grounds, and a disability basic pension or basic pension for surviving family or widow's pension under the provisions of the National Pension Act are also paid (excluding the case prescribed in item (i) and cases where a disability mutual aid pension or mutual aid pension for surviving family under the provisions of the National Public Service Personnel Mutual Aid Associations Act (Act No. 128 of 1958), the Local Public Service Personnel Mutual Aid Associations Act (Act No. 152 of 1962) or the Private School Personnel Mutual Aid Act (Act No. 245 of 1953)): the amount obtained by multiplying each of the amounts set forth in the lower columns by the rate specified by a Cabinet Order as being equivalent to the rate specified by a Cabinet Order set forth in item (i) according to the categories of insurance benefits in pension form (if the amount thus obtained is less than the amount specified by a Cabinet Order, said amount specified by a Cabinet Order) (iv) In cases other than those referred to in the preceding three items: each of the amounts set forth in the lower columns | |
Category | Amount |
Disability compensation pension | (i) Person with a Grade 1 disability 313 days of the basic daily benefit amount (ii) Person with a Grade 2 disability 277 days of the basic daily benefit amount (iii) Person with a Grade 3 disability 245 days of the basic daily benefit amount (iv) Person with a Grade 4 disability 213 days of the basic daily benefit amount (v) Person with a Grade 5 disability 184 days of the basic daily benefit amount (iv) Person with a Grade 6 disability 156 days of the basic daily benefit amount (vii) Person with a Grade 7 disability 131 days of the basic daily benefit amount |
Compensation pension for surviving family | The amount listed in each of the following items according to the number of surviving family members entitled to the right to receive a compensation pension for surviving family and surviving family members eligible to receive a compensation pension for surviving family who share living expenses with those having said right specified in the respective items |
(i) One: 153 days of the basic daily benefit amount; provided, however, that in the case where the wife is aged 55 or over or the wife is disabled as specified by an Ordinance of the Ministry of Health, Labour and Welfare, 175 days of the basic daily benefit amount (ii) Two: 201 days of the basic daily benefit amount (iii) Three: 223 days of the basic daily benefit amount (iv) Four or more: 245 days of the basic daily benefit amount | |
Injury and disease compensation pension | (i) Person with a Grade 1 injury/disease 313 days of the basic daily benefit amount (ii) Person with a Grade 2 injury/disease 277 days of the basic daily benefit amount (iii) Person with a Grade 3 injury/disease 245 days of the basic daily benefit amount |
Appended Table 2 (Re: Article 15, Article 15-2, Article 16-8, Article 22-3 and
Article 22-4)
Category | Amount |
Disability compensation lump sum payment | (i) Person with a Grade 8 disability 503 days of the basic daily benefit amount (ii) Person with a Grade 9 disability 391 days of the basic daily benefit amount (iii) Person with a Grade 10 disability 302 days of the basic daily benefit amount (iv) Person with a Grade 11 disability 223 days of the basic daily benefit amount (v) Person with a Grade 12 disability 156 days of the basic daily benefit amount (iv) Person with a Grade 13 disability 101 days of the basic daily benefit amount (vii) Person with a Grade 14 56 days of the basic disability daily benefit amount |
Lump sum compensation for surviving family | (i) In the case referred to in Article 1,000 days of the 16-6, paragraph (1), item (i) basic daily benefit amount |
(ii) In the case referred to in Article
16-6, paragraph (1), item (ii)
Amount obtained by deducting the total amount of the
compensation
pension for surviving family prescribed in
Article 16-6,
paragraph (1), item
(ii) from 1,000 days of the basic daily benefit amount
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