The law as Act Partially Amending the Industrial Accident Compensation Insurance Act, etc. (Act No. 60 of 2026) leaves it, with the words it changes marked.
The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter I General Provisions第一章 総則
Article 1第一条
Article 1, paragraph (1)
The purposes of the industrial accident compensation insurance are to pay necessary insurance proceeds to protect workers who are injured, fall ill or are disabled, or die, in a prompt and fair manner, which are caused in the course of their duties, by reasons attributable to the work of two or more businesses of a worker employed by two or more businesses whose employers are not the same person (hereinafter referred to as a "multiple-job worker"), or while commuting to or from work, and to promote the social reintegration of workers into society who are injured or fall ill in the course of their duties, by reasons attributable to the work of two or more businesses of a multiple-job worker, or while commuting to or from work, in order to provide support to 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.
The government administers industrial accident compensation insurance.
労働者災害補償保険は、政府が、これを管掌する。
Article 2-2第二条の二
Article 2-2, paragraph (1)
Industrial accident compensation insurance, in order to achieve the purposes set forth in Article 1, is paid to support the projects to promote social reintegration of workers into society in addition to pay insurance proceeds to workers for their injury, illness, disability or death or the like caused in the course of their duties, by reasons attributable to the work of two or more businesses of a multiple-job worker, or while commuting to or from work.
In this Act, the insurance covers businesses that hire workers.
この法律においては、労働者を使用する事業を適用事業とする。
Article 3, paragraph (2)
Notwithstanding the provisions of the preceding paragraph, this Act does not apply to businesses managed directly by the State and businesses managed by public agencies (excluding the businesses specified in Appended Table 1 of the Labor Standards Act (Act No. 49 of 1947)).
Cabinet Orders and Orders of the Ministry of Health, Labour and Welfare under this Act and Cabinet Orders and Orders 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 Insurance Premiums of Labor Insurance (Act No. 84 of 1969; hereinafter referred to as the "Premiums Collection Act") are established after hearing the opinions of the Labour Policy Council as to drafts thereof.
Chapter II Establishment and Extinguishment of Relationships between the Insured Businesses and the Workers' Accident Insurance第二章 保険関係の成立及び消滅
Article 6第六条
Article 6, paragraph (1)
The establishment and extinguishment of relationships between the insured businesses and the worker's accident insurance are governed by the provisions of the Premiums Collection Act.
保険関係の成立及び消滅については、徴収法の定めるところによる。
Chapter III Payment of Insurance Proceeds第三章 保険給付
Section 1 General Rules第一節 通則
Article 7第七条
Article 7, paragraph (1)
The insurance proceeds under this Act are those prescribed below:
この法律による保険給付は、次に掲げる保険給付とする。
Article 7, paragraph (1), item (i)
payment of insurance proceeds for injury, illness, disability or death of workers during the course of their duties (hereinafter referred to as an "occupational accident");
労働者の業務上の負傷、疾病、障害又は死亡(以下「業務災害」という。)に関する保険給付
Article 7, paragraph (1), item (ii)
payment of insurance proceeds for injury, illness, disability or death of multiple-job workers (including persons specified by Order of the Ministry of Health, Labour and Welfare as those similar thereto; the same applies hereinafter) attributable to the work of two or more businesses (hereinafter referred to as a "multiple-job-related accident") (excluding those set forth in the preceding item; the same applies hereinafter);
payment of insurance proceeds for injury, illness, disability or death of workers while commuting to or from work (hereinafter referred to as a "commuting accident"); and
労働者の通勤による負傷、疾病、障害又は死亡(以下「通勤災害」という。)に関する保険給付
Article 7, paragraph (1), item (iv)
coverage of follow-up medical examination
二次健康診断等給付
Article 7, paragraph (2)
The commuting referred to in item (iii) of the preceding paragraph means that workers travel to or from work by choosing the efficient route and means as prescribed below, excluding commuting which has the nature of their duties:
travel back and forth between the worker's residence and workplace;
住居と就業の場所との間の往復
Article 7, paragraph (2), item (ii)
travel from the worker's workplace to another workplace as specified by Order of the Ministry of Health, Labour and Welfare; and
厚生労働省令で定める就業の場所から他の就業の場所への移動
Article 7, paragraph (2), item (iii)
travel between the worker's residences that precedes or follows the traveling back and forth specified in item (i) (limited to those satisfying the requirements specified by Order of the Ministry of Health, Labour and Welfare)
Where a worker deviates from the travel route referred to in each item of the preceding paragraph or discontinues the travel referred to in each item of that paragraph, traveling during the deviation or discontinuation or any subsequent travel set forth in each item of that paragraph are not deemed as commuting referred to in paragraph (1), item (iii); provided, however, that this does not apply if the deviation or discontinuation is required to carry out an activity necessary for daily life, which are the basic needs specified by Order of the Ministry of Health, Labour and Welfare due to unavoidable circumstances, except during the period of the deviation or stoppage en route.
The basic daily payment amount is the amount equivalent to the average wage referred to in Article 12 of the Labor Standards Act. In this case, the day on which the grounds to calculate the average wage occurred referred to in paragraph (1) of that Article is the day on which the accident which caused the injury or death as prescribed in paragraph (1), items (i) through (iii) of the preceding Article occurs, or the date on which the occurrence of an illness prescribed in items (i) through (iii) of that paragraph was confirmed by making a diagnosis (hereinafter referred to as "the date on which the grounds for calculation occurred").
When it is deemed inappropriate to pay the amount equivalent to the average wage referred to in Article 12 of the Labor Standards Act as the basic daily payment amount, the amount calculated by the government pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare is deemed to be the basic daily payment amount, notwithstanding the provisions of the preceding paragraph.
Notwithstanding the provisions of the preceding two paragraphs, the basic daily payment amount in the case where insurance proceeds are paid to a multiple-job worker, their surviving family members or other persons specified by Order of the Ministry of Health, Labour and Welfare for injury, illness, disability or death of the multiple-job worker caused in the course of their duties, by reasons attributable to the work of two or more businesses of the multiple-job worker, or while the multiple-job worker is commuting to or from work, is the amount calculated by the government pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on the sum of the amounts equivalent to the basic daily payment amounts calculated pursuant to the provisions of the preceding two paragraphs for each business that employs the multiple-job worker.
The basic daily payment amount for loss of salary during a temporary absence from work used as the basis for calculation of compensation payment for loss of salary during a temporary absence from work, payment for loss of salary during a temporary absence from work for multiple-job workers or payment for loss of salary during a temporary absence from work (hereinafter referred to as the "compensation payment for loss of salary during a temporary absence from work, etc." in this Article) (hereinafter referred to as "basic daily payment amount for loss of salary during a temporary absence from work" in this Article) is provided as follows:
With regard to compensation payment for loss of salary during a temporary absence from work, etc. other than the compensation payment for loss of salary during a temporary absence from work, etc. prescribed in the following item, the amount calculated as the basic daily payment amount pursuant to the provisions of the preceding Article is deemed to be the basic daily compensation payment amount for loss of salary during a temporary absence from work.
If the average salary (meaning the average amount of monthly salary of aper worker calculated pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare based on the fixed amount of salary paid every month in the Monthly Labor Statistics prepared by the Ministry of Health, Labour and Welfare; hereinafter the same applies in this item) per a three-months period defined as January through March, April through June, July through September, and October through December (hereinafter referred to as a "quarter" in this Article and Article 42, paragraph (23)) exceeds 110 percent or below 90 percent of the average salary for the quarter of the date on which the grounds for calculation occurred (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 payment amount for loss of salary during a temporary absence from work, the quarter two quarters before the first quarter for which the revised daily amount is to be used as the basis for calculatingthe calculation of the amount of compensation payment for loss of salary during a temporary absence from work, etc.), in relation to the compensation payment for loss of salary during a temporary absence from work, etc. for which grounds for payment occurred on or after the first day of the quarter two quarters after the quarter in which the relevant increase or decrease has occurred, the basic daily payment amount for loss of salary during a temporary absence from work is the amount obtained by multiplying the amount calculated as the basic daily payment amount under the provisions of the preceding Article (in cases where a revised daily amount is regarded as the basic daily payment amount for loss of salary during a temporary absence from work, the revised daily amount) by a rate specified by the Minister of Health, Labour and Welfare based on that rate of increase or decrease.
If the date on which grounds for compensation payment for loss of salary during a temporary absence from work, etc. occurred is later than the date on which one year and six months have elapsed from the date of the commencement of medical treatment pertaining to the compensation payment for loss of salary during a temporary absence from work, etc., if a worker falls under any of the cases set forth in the following items, the amount specified in the respective items is deemed to be the basic daily payment amount for loss of salary during a temporary absence from work, notwithstanding the provisions of the preceding paragraph:
if the amount calculated as the basic daily payment for loss of salary during a temporary absence from work pursuant to the provisions of the preceding paragraph is less than the minimum amount of basic daily payment for loss of salary during a temporary absence from work benefit specified by the Minister of Health, Labour and Welfare for each age group specified by Order of the Ministry of Health, Labour and Welfare (hereinafter simply referred to as the "age group" in this Article), which is less than the amount pertaining to the age group to which a worker who is to receive the basic daily compensation payment for loss of salary during a temporary absence from work, etc. is classified as of the first day of the quarter in which the date on which the grounds for the basic daily compensation payment for loss of salary during a temporary absence from work, etc. occurred (hereinafter referred to as the "base date" in the following item):the amount pertaining to the age group; or
if the amount calculated as the basic daily compensation payment for loss of salary during a temporary absence from work pursuant to the provisions of the preceding paragraph exceeds the maximum amount of the basic daily compensation payment for loss of salary during a temporary absence from work specified by the Minister of Health, Labour and Welfare for each age group, which pertains to the age group to which a worker who is to receive the compensation payment for loss of salary during a temporary absence from work, etc., as of the base date:the amount pertaining to the age group
The amount specified by the Minister of Health, Labour and Welfare referred to in item (i) of the preceding paragraph is to be specified each year for each age group pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare taking the employment conditions and other circumstances of workers of the relevant age group into account, by classifying all workers of their age group into twenty groups according to the amount of monthly wage they receive (hereinafter referred to as "monthly wage" in this paragraph) by using the amount of highest monthly wage received by the worker of the group receiving the lowest amount of monthly wage as the basis for the calculation of such amount.
The provisions of the preceding paragraph apply mutatis mutandis to the amount specified by the Minister of Health, Labour and Welfare referred to in paragraph (2), item (ii). In this case, the term "pertaining to the lowest amount of monthly wage" in the preceding paragraph is deemed to be replaced with "of the group of the second highest amount of monthly wage".
The basic daily payment amount used as the basis for the calculation of payment of employees' pension insurance proceeds (hereinafter referred to as the "basic daily pension benefit amount" in this Article) is provided as follows;
With regard to payment of employees' pension insurance proceeds to be paid in the three-months periods before July of the fiscal year (meaning April l through March 31 of the following year; the same applies hereinafter) of the year after the next fiscal year of the date on which the grounds for calculation occurred, the amount calculated as the basic daily payment amount pursuant to the provisions of Article 8 is used as the basic daily pension payment amount.
With regard to payment of employees' pension insurance proceeds to be paid in the three-months period after August of the fiscal year of the year after the next fiscal year of the date on which the grounds for calculation occurred, the amount obtained by multiplying the amount calculated as the basic daily payment amount pursuant to the provisions of Article 8 by the 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 Order of the Ministry of Health, Labour and Welfare based on the fixed amount of salary paid every month in the Monthly Labor Statistics prepared by the Ministry of Health, Labour and Welfare; hereinafter the same applies in this item and Article 16-6, paragraph (2)) of the fiscal year before the fiscal year of the month in which employees' pension insurance is to be paid (if it is to be paid in the month of April through July, the fiscal year before last), by the average salary of the fiscal year in which the date on which the grounds of calculation occurred, is used as the basic daily pension payment amount.
The provisions of paragraphs (2) through (4) of the preceding Article apply mutatis mutandis to the basic daily pension benefit amount. In this case, the term "the date on which grounds for compensation payment for loss of salary during a temporary absence from work, etc. occurred is later than the date on which one year and six months have elapsed from the date of the commencement of medical treatment pertaining to the compensation payment for loss of salary during a temporary absence from work, etc." in paragraph (2) of that Article is deemed to be replaced with "there are grounds for payment of employees' pension insurance proceeds", the term the "preceding paragraph" is deemed to be replaced with "paragraph (1) of the following Article", and the term "basic daily payment amount for loss of salary during a temporary absence from work" is deemed to be replaced with "basic daily pension benefit amount"; the term "compensation payment for loss of salary during a temporary absence from work, etc." in item (i) of that paragraph is deemed to be replaced with "payment of employees' pension insurance proceeds", the term "the date on which the grounds for payment occurred" is deemed to be replaced with the "month in which the payment is to be made", the term "the first day of the quarter (in the following item" is deemed to be replaced with "August 1 of the fiscal year (if the relevant month is any of the months from April through July, August 1 of the fiscal year before that fiscal year; hereinafter in this paragraph", and the term "age of" is deemed to be replaced with the "age (if the compensation pension for surviving family, the pension for surviving family of multiple-job workers or the survivors pension is to be paid, the age of the worker on the base date that would be obtained if calculated assuming that the death of the worker pertaining to the grounds for payment did not occur; the same applies in the following item) of"; and the term "compensation payment for loss of salary during a temporary absence from work, etc." in item (ii) of that paragraph is deemed to be replaced with "payment of employees' pension insurance proceeds".
The provisions of paragraph (1) of the preceding Article apply mutatis mutandis to the basic daily payment amount used as the basis of calculation of the disability compensation lump-sum payment, lump-sum compensation payment for surviving family, disability lump-sum payment for multiple-job workers, lump-sum payment for surviving family of multiple-job workers, disability lump-sum payment or lump-sum payment for surviving family. In this case, the term "to be paid in the three-month period" and the "month in which the payment is to be made" in that paragraph are respectively deemed to be replaced with the "grounds for the payment occurred" and the "month in which the grounds for the payment occurred".
When finding a fraction of the basic daily payment amount of less than one yen, such fraction is rounded up to one yen.
給付基礎日額に一円未満の端数があるときは、これを一円に切り上げるものとする。
Article 9第九条
Article 9, paragraph (1)
Payment of employees' compensation insurance proceeds is to commence in the month following the month in which the grounds for payment occurred and is to terminate in the month in which the right to receive payment is extinguished.
If the grounds for suspending the payment have occurred, employees' pension insurance proceeds is not be paid from the month following the month in which the grounds occurred to the month in which the grounds cease to exist.
Employees' compensation insurance proceeds are paid six times a year, in February, April, June, August, October and December of each year, for the previous month and the relevant month; provided, however, that in cases where the right to receive the payment is extinguished, the employees' pension insurance proceeds for the relevant two-months period is to be paid even if either of them is not the month of insurance proceeds payment.
If 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 if the death of such worker becomes apparent within three months but the time of death is not known, the worker shall, with respect to the application of the provisions relating to the payment of compensation benefits for surviving family, funeral service fee, survivors benefits and funeral rite benefits, presuming that the worker has died on the date on which the vessel sank, capsized, was lost or went missing or on the date on which the worker went missing. The same applies in the cases 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.
If a person who has the right to receive payment of insurance proceeds under this Act dies and any payment of the insurance proceeds payable to the deceased person remains unpaid, their spouse (including a person who did not register the marriage but has been in a de facto marital relationship with the deceased person; the same applies hereinafter), children, parents, grandchildren, grandparents or siblings who makes a living together with the deceased person at the time of their death (in the case of the compensation pension for surviving family, other surviving family members eligible to receive the survivor compensation pension, in the case of the pension for surviving family of multiple-job workers, other surviving family members eligible to receive the pension for surviving family of multiple-job workers, and in the case of the pension for surviving family, other surviving family members eligible to receive the pension for surviving family) may claim payment of the unpaid insurance proceeds in their own names.
In the case referred to in the preceding paragraph, if the deceased person had not claimed payment of insurance proceeds before their death, those persons prescribed in that paragraph may claim payment of the insurance proceeds in their own names.
The order of priority of those who are to receive any unpaid insurance proceeds depends on the order prescribed in paragraph (1) (in the case of the compensation pension for surviving family, the order priority depends on the order prescribed in Article 16-2, paragraph (3), in the case of the pension for surviving family of multiple-job workers, the order prescribed in Article 16-2, paragraph (3), as applied mutatis mutandis pursuant to Article 20-6, paragraph (3), 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)).
If 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 proceeds, a claim made by one of the relevant persons is deemed to have been made on behalf of all relevant persons for the total amount, and a payment made to one of the relevant persons is deemed to have been made to all relevant persons.
When, even though the grounds to suspend the payment of employees' pension insurance proceeds occurred, any employees' pension insurance proceeds have been paid for the period in which the payment should have been suspended, the insurance proceeds which have been paid may be deemed to be an advance payment of the employees' pension insurance proceeds which are to be paid after that period. Despite the fact that the grounds for changing the amount of insurance proceeds by reducing its amount have occurred, the insurance proceeds of which amount is not reduced have been paid for the period from the month following the month in which the grounds occurred, the same applies to the amount of the insurance proceeds should have been reduced.
Where a worker who has the right to receive employees' pension insurance proceeds (excluding the compensation pension for surviving family, the pension for surviving family of multiple-job workers and the pension for surviving family; hereinafter referred to as "Pension B" in this paragraph) has become eligible to receive other employees' pension insurance proceeds (excluding the compensation pension for surviving family, the pension for surviving family of multiple-job workers and the pension for surviving family; hereinafter referred to as "Pension A" in this paragraph) for the same injury or illness caused in the course of their duties, by reasons attributable to the work of two or more businesses of a multiple-job worker, or while commuting to or from work (hereinafter referred to as the "same illness or injury" in this Article), and the right to receive Pension B has been extinguished, if Pension B has been paid for the period from the month following the month in which the relevant right was extinguished, that payment of Pension B is deemed to be an advanced payment of Pension A. If a worker who has the right to receive payment of employees' pension insurance proceeds (excluding the compensation pension for surviving family, the pension for surviving family of multiple-job workers and the pension for surviving family) is eligible for the compensation payment for loss of salary during a temporary absence from work, payment for loss of salary during a temporary absence from work for multiple-job workers or payment for loss of salary during a temporary absence from work, or a disability compensation lump-sum payment, a disability lump-sum payments for multiple-job workers or a lump-sum payment for disability for the same illness or injury, and the right to receive the employees' pension insurance proceeds has been extinguished, the same applies if the employees' pension insurance proceeds have been paid for the period as the payment for the month after the month in which the relevant right was extinguished.
If, for the same illness or injury, a worker receiving the compensation payment for loss of salary during a temporary absence from work, the payment for loss of salary during a temporary absence from work for multiple-job workers or the payment for loss of salary during a temporary absence from work has the right to receive a disability compensation benefit or an illness or injury compensation pension, a disability benefit for multiple-job workers or an illness or injury pension for multiple-job workers, or a disability benefit or an illness or injury pension, and it was decided that the compensation payment for loss of salary during a temporary absence from work, payment for loss of salary during a temporary absence from work for multiple-job workers or payment for loss of salary during a temporary absence from work would not be paid, if the compensation payment for loss of salary during a temporary absence from work, payment for loss of salary during a temporary absence from work for multiple-job workers or payment for loss of salary during a temporary absence from work is continued to be paid to the worker thereafter, such compensation payment for loss of salary during a temporary absence from work, payment for loss of salary during a temporary absence from work for multiple-job workers or payment for loss of salary during a temporary absence from work paid is deemed to be an advanced payment of the disability compensation benefit or illness or injury compensation pension, disability benefit for multiple-job workers or illness or injury pension for multiple-job workers, or disability benefit or illness or injury pension.
If a person who has the right to receive the payment of insurance proceeds has died, and despite the fact that the right to receive the payment is extinguished, employees' pension insurance proceeds have been overpaid for the period after the month in which the date of the death is recorded, if there are any insurance proceeds that are to be paid to the person who is to perform obligations under the claim for the return of monies that has resulted from the overpayment (hereinafter referred to as the "claim for the return of monies" in this Article), the amount of payment under the insurance proceeds may be appropriated as the amount of the claim for the return of monies that resulted from the overpayment, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
When a worker has intentionally caused an accident which is the direct cause of injury, illness, disability or death, the government does not pay insurance proceeds.
When a worker has, by an intentional criminal act or gross negligence or by not following directions as to medical treatment without any just cause, caused an injury, illness, disability or death or an accident that was the cause thereof, or progressed the stage of injury, illness or disability or hindered their recovery, the government may decide not to pay the whole or a part of the insurance proceeds.
When a person has received insurance proceeds by deception or other wrongful means, the government may collect the amount equivalent to the cost for the payment of the insurance proceeds in whole or in part from the person.
In the cases referred to in the preceding paragraph, when the insurance proceeds was paid due to a false report or certification submitted by an employer (in cases where an original contractor is deemed to be an employer pursuant to the provisions of Article 8, paragraph (1) or paragraph (2) of the Premiums Collection Act, the original contractor; the same applies 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 proceeds.
The provisions of Article 27, Article 29, Article 30 and Article 41 of the Premiums Collection Act apply mutatis mutandis to the money to be collected pursuant to the provisions of the preceding two paragraphs.
When the government has paid insurance proceeds in cases where an accident which is the cause of payment of insurance proceeds is caused by an act of a third party, the government acquires the right to claim compensation for damages held by the person who has received the insurance proceeds against the third party, at a maximum of the payment amount thereof.
In the cases referred to in the preceding paragraph, when the person who are to receive insurance proceeds has received compensation for damages for the same reason from the third party, the government may decide not to pay the insurance proceeds, at a maximum of the amount of the compensation.
The right to receive insurance proceeds will not be affected by the retirement of the worker.
保険給付を受ける権利は、労働者の退職によつて変更されることはない。
Article 12-5, paragraph (2)
The right to receive insurance proceeds may not be assigned, offered as security or seized.
保険給付を受ける権利は、譲り渡し、担保に供し、又は差し押さえることができない。
Article 12-6第十二条の六
Article 12-6, paragraph (1)
Taxes and other public charges may not be imposed on the basis of money and goods received as payment of insurance proceeds.
租税その他の公課は、保険給付として支給を受けた金品を標準として課することはできない。
Article 12-7第十二条の七
Article 12-7, paragraph (1)
A person who has the right to receive insurance proceeds must, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, notify the government of the particulars necessary for the payment of insurance proceeds specified by Orderance of the Ministry of Health, Labour and Welfare, or submit the necessary documents for the payment of insurance proceeds or other items specified by Order of the Ministry of Health, Labour and Welfare.
Section 2 Payment of Insurance Proceeds for Occupational Accidents第二節 業務災害に関する保険給付
Article 12-8第十二条の八
Article 12-8, paragraph (1)
The payment of insurance proceeds for an occupational accident set forth in Article 7, paragraph (1), item (i) is the payment of insurance proceeds specified in the following:
第七条第一項第一号の業務災害に関する保険給付は、次に掲げる保険給付とする。
Article 12-8, paragraph (1), item (i)
medical treatment compensation benefits;
療養補償給付
Article 12-8, paragraph (1), item (ii)
compensation payment for loss of salary during a temporary absence from work;
休業補償給付
Article 12-8, paragraph (1), item (iii)
disability compensation benefits;
障害補償給付
Article 12-8, paragraph (1), item (iv)
compensation benefits for surviving family;
遺族補償給付
Article 12-8, paragraph (1), item (v)
funeral service fee;
葬祭料
Article 12-8, paragraph (1), item (vi)
compensation benefits for workers who get injured or sick ; and
傷病補償年金
Article 12-8, paragraph (1), item (vii)
nursing care compensation benefits
介護補償給付
Article 12-8, paragraph (2)
The insurance proceeds set forth in the preceding paragraph (excluding the illness or injury compensation pension and the nursing care compensation benefits), where the reason for compensation for accident prescribed in Article 75 through Article 77, and Article 79 and Article 80 of the Labor Standards Act or the reason for compensation for accident prescribed in Article 89, paragraph (1), Article 91, paragraph (1), the main clause of Article 92, Article 93 and Article 94 of the Mariners Act (Act No. 100 of 1947) (with regard to Article 91, paragraph (1) of that Act, limited to the part equivalent to the reason for compensation for accident prescribed in Article 76, paragraph (1) of the Labor Standards Act) have occurred, are paid to a worker or surviving family members who are to receive compensation or to a person who holds the funeral, based on their claims.
A compensation benefit for workers who get injured or sick is paid to a worker who get injured or fall ill in the course of their duties when the worker falls under all of the following items on the day on which one year and six months have elapsed from the commencement of medical treatment for the injury or illness, or falls under all of the following items after that day, and the compensation benefit is l paid to the worker during the period when the worker suffers from the injury or illness:
the degree of disability due to the injury or illness falls under the grade of injury or illness specified by Order of the Ministry of Health, Labour and Welfare
当該負傷又は疾病による障害の程度が厚生労働省令で定める傷病等級に該当すること。
Article 12-8, paragraph (4)
Nursing care compensation benefits are paid to a worker who has the right to receive a disability compensation benefit or illness or injury compensation benefit, based on their claim, when the worker having disability requires constant or occasional nursing care and is receiving constant or occasional nursing care service due to the disability which is the reason for the disability compensation benefit or illness and injury compensation benefit, due to the degree of disability specified by Order of the Ministry of Health, Labour and Welfare, and such compensation benefits are paid during the period when the worker is receiving the nursing care service (excluding the following periods):
the period during which the worker is admitted to a facility designed to support persons with disabilities prescribed in Article 5, paragraph (11) of the Act on Providing Comprehensive Support for the Daily Life and Life in Society of Persons with Disabilities (Act No. 123 of 2005) (hereinafter referred to as a "facility designed to support persons with disabilities") (limited to cases where the worker receives nursing care for daily life prescribed in paragraph (7) of that Article (hereinafter referred to as "nursing care for daily life")); and
the period during which the worker is admitted to a facility specified by the Minister of Health, Labour and Welfare as those equivalent to a facility designed to support persons with disabilities (limited to those where nursing care for daily life is provided); and
the period during which the worker is admitted to a hospital or clinic
病院又は診療所に入院している間
Article 13第十三条
Article 13, paragraph (1)
The medical treatment compensation benefits is paid for medical treatment.
療養補償給付は、療養の給付とする。
Article 13, paragraph (2)
The coverage of the medical treatment benefit set forth in the preceding paragraph is as prescribed in the following items (limited to those that are considered necessary by the government):
前項の療養の給付の範囲は、次の各号(政府が必要と認めるものに限る。)による。
Article 13, paragraph (2), item (i)
medical examination;
診察
Article 13, paragraph (2), item (ii)
provision of medicines or treatment materials;
薬剤又は治療材料の支給
Article 13, paragraph (2), item (iii)
medical treatment procedures, operations and other treatment;
処置、手術その他の治療
Article 13, paragraph (2), item (iv)
management of medical treatment and relevant care and other nursing care of workers staying at home;
居宅における療養上の管理及びその療養に伴う世話その他の看護
Article 13, paragraph (2), item (v)
admission to hospitals or clinics and relevant care and other nursing care of the worker; and
病院又は診療所への入院及びその療養に伴う世話その他の看護
Article 13, paragraph (2), item (vi)
transport
移送
Article 13, paragraph (3)
The government may, where it is difficult to pay the medical treatment benefit set forth in paragraph (1) and in other cases specified by Order of the Ministry of Health, Labour and Welfare, pay the medical treatment expenses instead of the medical treatment benefit.
The compensation payment for loss of salary during a temporary absence from work is paid from the fourth day since a worker does not receive wages because the worker is unable to work in order to receive medical treatment for an injury or illness caused in the course of their duties, and the amount of compensation per day is the amount equivalent to 60 percent of the basic daily payment amount; provided, however, that the amount of the compensation payment for loss of salary during a temporary absence from work for days on which a worker works for a portion of the regular working hours due to medical treatment for an injury or illness caused in the course of their duties or leave for which wages are paid (hereinafter referred to as a "partial calculation day" in this paragraph), or for a partial calculation day of a multiple-job worker, is the amount equivalent to 60 percent of the amount obtained by deducting the amount of the wages to be paid for the partial calculation day from the basic daily payment 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 payment amount, the basic daily payment amount to be paid on the assumption that the provision of that item does not apply) (in cases where the amount after the deduction exceeds the maximum amount, the amount equivalent to the maximum amount).
When a worker who receives compensation payment for loss of salary during a temporary absence from work is, for the same reason, eligible to receive either a employee's disability 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 compensation payment for loss of salary during a temporary absence from work to be paid to the worker, notwithstanding the provision of the preceding paragraph, is the amount obtained by multiplying the amount set forth in that paragraph, pursuant to the provisions of items (i) through (iii) of Appended Table 1, by the rate for the illness or injury compensation pension amongst the rates specified by Cabinet Order set forth in items (i) through (iii) of that table (in cases where such amount is less than the amount specified by Cabinet Order, the amount specified by Cabinet Order).
No compensation payment for loss of salary during a temporary absence from work is paid if a worker falls under any of the following items (limited to cases specified by Order of the Ministry of Health, Labour and Welfare):
where a worker is detained in a penal institution, workhouse or any other facility equivalent thereto; or
刑事施設、労役場その他これらに準ずる施設に拘禁されている場合
Article 14-2, paragraph (1), item (ii)
where a worker is detained in a juvenile training school or any other facility equivalent thereto
少年院その他これに準ずる施設に収容されている場合
Article 15第十五条
Article 15, paragraph (1)
The disability compensation benefits is paid either as a disability compensation pension or a lump-sum payment for disability, in accordance with the grades of disability specified by Order of the Ministry of Health, Labour and Welfare.
障害補償給付は、厚生労働省令で定める障害等級に応じ、障害補償年金又は障害補償一時金とする。
Article 15, paragraph (2)
The amounts of a disability compensation pension or a lump sum compensation payment for disability is as prescribed respectively in Appended Table 1 or Appended Table 2.
障害補償年金又は障害補償一時金の額は、それぞれ、別表第一又は別表第二に規定する額とする。
Article 15-2第十五条の二
Article 15-2, paragraph (1)
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, the worker falls under another grade of disability prescribed in Appended Table 1 or Appended Table 2, the government is to, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, pay the disability compensation pension or lump sum compensation payment for disability corresponding to the new grade of disability under which the worker now falls, and does not pay the former disability compensation pension thereafter.
Compensation benefits for surviving family is to be paid as either a compensation pension for surviving family or a lump sum compensation for surviving family.
The surviving family members who are eligible to receive a compensation pension for surviving family is a worker's spouse, children, parents, grandchildren, grandparents, and siblings who were dependent on the worker's income at the time of their death; provided, however, that in the case of those other than a wife (including a person who did not register marriage but has been in a de facto marital relationship with the worker; the same applies hereinafter)spouse, this applies only where they have satisfied the requirements prescribed in any of the following items at the time of the worker's death:
in the case of a husband (including a person who did not register marriage but has been in a de facto marital relationship with the worker; the same applies hereinafter), parents or grandparents: they are 60 years of age or older;
in the case of children or grandchildren: they must be in their age before the first March 31 after they turned 18 years of age;
子又は孫については、十八歳に達する日以後の最初の三月三十一日までの間にあること。
Article 16-2, paragraph (1), item (iii)
in the case of siblings: they must be in their age before the first March 31 after they turned 18 years of age, or they are 60 years of age or older; or
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 in Order of the Ministry of Health, Labour and Welfare
When a child who was an unborn baby at the time of a worker's death is born, the child, with respect to the application of the provisions of the preceding paragraph, is deemed, from then on, as a child who was dependent on the worker's income at the time of the worker's death.
The order of priority of surviving family members who are to receive a compensation pension for surviving family is given to the spouse first, and then to children, parents, grandchildren, grandparents and siblings.
The amount of a compensation pension for surviving family is the amount prescribed in appended table 1.
遺族補償年金の額は、別表第一に規定する額とする。
Article 16-3, paragraph (2)
If there are two or more persons who has the right to receive a compensation pension for surviving family, the amount of the compensation pension for surviving family, notwithstanding the provisions of the preceding paragraph, is the amount obtained by dividing the amount prescribed in appended table 1 by the number of persons concerned.
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 is changed from the month after the month in which the increase or decrease occurred.
Where the surviving family member who has 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 the cost of living with the wife, if the wife falls under any of the following items, the amount of the compensation pension for surviving family is changed from the month after the month in which the wife falls under the respective items:
when the wife turns the age of 55 (excluding cases where the wife is disabled as specified in Order of the Ministry of Health, Labour and Welfare set forth in appended table 1);
五十五歳に達したとき(別表第一の厚生労働省令で定める障害の状態にあるときを除く。)。
Article 16-3, paragraph (4), item (ii)Removed
when the wife becomes disabled as specified in Order 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 older)
The right to receive a compensation pension for surviving family is extinguished when a surviving family member having the right falls 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 is paid to the person(s) who holds the next rank:
when the surviving family member eligible for survivors benefit dies;
死亡したとき。
Article 16-4, paragraph (1), item (ii)
when the surviving family member eligible for survivors benefit is married (including cases where they did not register marriage but the surviving family member is in a de facto marital relationship);
婚姻(届出をしていないが、事実上婚姻関係と同様の事情にある場合を含む。)をしたとき。
Article 16-4, paragraph (1), item (iii)
when the surviving family member eligible for survivors benefit is adopted by a person other than their lineal relative by blood or their lineal relative through marriage (including a person who did not register adoption but is in a de facto adoptive relationship);
when the kinship between the surviving family member and the deceased worker is terminated by the dissolution of their kinship;
離縁によつて、死亡した労働者との親族関係が終了したとき。
Article 16-4, paragraph (1), item (v)
in the case of children, grandchildren or siblings, when the first March 31 after they turned 18 years old ends (excluding cases where they have been disabled as specified in Order 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
in the case of the worker's husband, children, parents, grandchildren, grandparents or siblings who are disabled as specified in Order 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 older at the time of the worker's death, where the worker's children or grandchildren have not experienced the first March 31 after they turned 18 years old, and where the worker's siblings have not experienced the first March 31 after they turned 18 years old or they were 60 years of age or older at the time of the worker's death).
When a surviving family member eligible to receive a compensation pension for surviving family falls under any of the items of the preceding paragraph, the member cease to be a surviving family member eligible to receive the compensation pension for surviving family.
When the whereabouts of a person who has the right to receive a compensation pension for surviving family is unknown for not less than one year, the payment of the compensation pension for surviving family is suspended for as long as those whereabouts are unknown, upon the request filed by a person who holds the same rank in the order of priority if there is any such person, or upon the request filed by 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 is the person with the first rank during that period.
A surviving family member whose payment of the compensation pension for surviving family is suspended pursuant to the provisions of the preceding paragraph may request for revocation of the suspension of the payment at any time.
The provisions of Article 16-3, paragraph (3) apply mutatis mutandis where the payment of the compensation pension for surviving family is suspended pursuant to the provisions of paragraph (1) or where the suspension of the payment is revoked pursuant to the provisions of the preceding paragraph. In this case, the term "month in which the increase or decrease occurred" in paragraph (3) of that Article is deemed to be replaced with the "month in which the payment is suspended or the suspension of the payment is revoked."
A lump sum compensation for surviving family is paid in the following cases:
遺族補償一時金は、次の場合に支給する。
Article 16-6, paragraph (1), item (i)
where, at the time of the worker's death, there is no surviving family member who is eligible to receive a compensation pension for surviving family; and
労働者の死亡の当時遺族補償年金を受けることができる遺族がないとき。
Article 16-6, paragraph (1), item (ii)
where a person's right to receive the compensation pension for surviving family is extinguished, and there is no other surviving family member who is eligible to receive the compensation pension for surviving family and the total amount of the compensation pension for surviving family paid for the 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 on the day on which the right is extinguished.
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 before July of the fiscal year of the date on which the right prescribed in that item is extinguished (in cases where the month of the date on which the right is extinguished is any of the months from April to July, the previous fiscal year; hereinafter the same applies in this paragraph), the amount is 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 of the date on which the right is extinguished by the average salary for the fiscal year one year before the fiscal year of the months for which the compensation pension for surviving family is paid (in cases where the relevant month is either April, May, June or July, the fiscal year two years before).
The surviving family members who are eligible to receive a lump sum compensation for surviving family are the persons specified in the following items:
遺族補償一時金を受けることができる遺族は、次の各号に掲げる者とする。
Article 16-7, paragraph (1), item (i)
the worker's spouse;
配偶者
Article 16-7, paragraph (1), item (ii)
the worker's children, parents, grandchildren and grandparents who were dependent on the worker's income at the time of their death; and
労働者の死亡の当時その収入によつて生計を維持していた子、父母、孫及び祖父母
Article 16-7, paragraph (1), item (iii)
the worker's children, parents, grandchildren and grandparents who do not fall under the preceding item, and the worker's siblings.
前号に該当しない子、父母、孫及び祖父母並びに兄弟姉妹
Article 16-7, paragraph (2)
The order of priority for the surviving family members who are to receive a lump sum compensation for surviving family is decided in accordance with the order set forth in each of the items of the preceding paragraph, and among the persons specified in items (ii) and (iii) of that paragraph, the order set forth in the respective items applies.
The amount of a lump sum compensation payment for surviving family is the amount prescribed in appended table 2.
遺族補償一時金の額は、別表第二に規定する額とする。
Article 16-8, paragraph (2)
The provisions of Article 16-3, paragraph (2) apply mutatis mutandis to the amount of the lump sum compensation payment for surviving family. In this case, the term "appended table 1" in that paragraph is deemed to be replaced with "appended table 2".
A person who intentionally causes the death of a worker is not be regarded as a surviving family member who is eligible to receive compensation benefits for surviving family.
労働者を故意に死亡させた者は、遺族補償給付を受けることができる遺族としない。
Article 16-9, paragraph (2)
A person who, before the death of a worker, intentionally causes the death of a person holding 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 the worker's death, is not be regarded as a surviving family member who is eligible to receive a compensation pension for surviving family.
A person who has intentionally causes the death of a surviving family member who is eligible to receive a compensation pension for surviving family is not regarded as a surviving family member who is eligible to receive a lump sum compensation payment for surviving family. The same applies to a person who, before the death of a worker, intentionally causes the death of a person who is to become a surviving family member eligible to receive a compensation pension for surviving family as a result of the worker's death.
When a surviving family member who is eligible to receive a compensation pension for surviving family intentionally causes the death of another surviving family member holding 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, that surviving family member is not 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 having the right to receive a compensation pension for surviving family, the relevant right is extinguished.
In the case referred to in the second sentence of the preceding paragraph, the provisions of the second sentence of Article 16-4, paragraph (1) apply mutatis mutandis.
前項後段の場合には、第十六条の四第一項後段の規定を準用する。
Article 17第十七条
Article 17, paragraph (1)
The amount of funeral service fee is the amount specified by the Minister of Health, Labour and Welfare in consideration of the cost normally required for funeral.
葬祭料は、通常葬祭に要する費用を考慮して厚生労働大臣が定める金額とする。
Article 18第十八条
Article 18, paragraph (1)
The amount of an illness and injury compensation pension is as prescribed in appended table 1 in accordance with the grades of illness or injury specified in Order of the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph (3), item (ii).
Compensation payment for loss of salary during a temporary absence from work is not paid to a person who receives an illness or injury compensation pension.
傷病補償年金を受ける者には、休業補償給付は、行わない。
Article 18-2第十八条の二
Article 18-2, paragraph (1)
Where there has been a change in the degree of the relevant degree of disability of a worker receiving an illness or injury compensation pension, and as a result of such change, that person falls under another grade of illness or injury prescribed in appended table 1, the government, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, pays the illness or injury compensation pension corresponding to the new grade of illness or injury under which the person now falls, and does not pay the former illness or injury compensation pension thereafter.
Where a worker who gets injured or fall ill in the course of their duties receives an illness or injury compensation pension on the day when three years have elapsed after the commencement of medical treatment pertaining to the illness or injury, or begins to receive an illness or injury compensation pension after that day, with respect to the application of the provisions of Article 19, paragraph (1) of the Labor Standards Act, the relevant employer is deemed to have received a compensation for discontinuance pursuant to the provisions of Article 81 of the Labor Standards Act on the day when three years have elapsed or on the day when the worker begins to receive the illness or injury compensation pension, respectively.
Nursing care compensation benefits is to be paid monthly, and the monthly amount is the amount specified by the Minister of Health, Labour and Welfare in consideration of the expenses normally required for receiving constant or occasional nursing care.
In addition to what is prescribed in this Section, the particulars necessary for payment of insurance proceeds in respect of an occupational accidents are prescribed in Order of the Ministry of Health, Labour & Welfare.
この節に定めるもののほか、業務災害に関する保険給付について必要な事項は、厚生労働省令で定める。
Section 2-2 Payment of Insurance Proceeds for Multiple-Job-Related Accidents第二節の二 複数業務要因災害に関する保険給付
Article 20-2第二十条の二
Article 20-2, paragraph (1)
The payment of insurance proceeds for a multiple-job-related accident set forth in Article 7, paragraph (1), item (ii) is the payment of insurance proceeds specified in the following:
第七条第一項第二号の複数業務要因災害に関する保険給付は、次に掲げる保険給付とする。
Article 20-2, paragraph (1), item (i)
medical treatment benefits for multiple-job workers;
複数事業労働者療養給付
Article 20-2, paragraph (1), item (ii)
payment for loss of salary during a temporary absence from work for multiple-job workers;
複数事業労働者休業給付
Article 20-2, paragraph (1), item (iii)
disability benefits for multiple-job workers;
複数事業労働者障害給付
Article 20-2, paragraph (1), item (iv)
benefits for surviving family of multiple-job workers;
複数事業労働者遺族給付
Article 20-2, paragraph (1), item (v)
funeral benefit for multiple-job workers;
複数事業労働者葬祭給付
Article 20-2, paragraph (1), item (vi)
illness or injury pensions for multiple-job workers; and
複数事業労働者傷病年金
Article 20-2, paragraph (1), item (vii)
nursing care benefits for multiple-job workers
複数事業労働者介護給付
Article 20-3第二十条の三
Article 20-3, paragraph (1)
Where a multiple-job worker gets injured or falls ill (limited to diseases specified by Order of the Ministry of Health, Labour and Welfare; hereinafter the same applies in this Section) due to the work of two or more businesses in which the multiple-job worker is engaged, medical treatment benefits for multiple-job workers are paid to the multiple-job worker based on their claim.
The provisions of Article 13 apply mutatis mutandis to medical treatment benefits for multiple-job workers.
第十三条の規定は、複数事業労働者療養給付について準用する。
Article 20-4第二十条の四
Article 20-4, paragraph (1)
Where a multiple-job worker does not receive wages because of their inability to work due to medical treatment pertaining to an injury or illness caused by the work of two or more businesses in which the multiple-job worker is engaged, payment for loss of salary during a temporary absence from work for multiple-job workers is paid to the multiple-job worker based on their claim.
The provisions of Article 14 and Article 14-2 apply mutatis mutandis to payment for loss of salary during a temporary absence from work for multiple-job workers. In this case, the term "a worker ... in the course of their duties" in Article 14, paragraph (1) is deemed to be replaced with "a multiple-job worker ... caused by the work of two or more businesses in which the multiple-job worker is engaged", and the term "in accordance with the cases prescribed in items (i) through (iii) of Appended Table 1, by the rate for an illness or injury compensation pension amongst the rates specified by Cabinet Order set forth in items (i) through (iii) of that table" in paragraph (2) of that Article is deemed to be replaced with "in accordance with the cases prescribed in items (i) through (iii) of Appended Table 1 as applied mutatis mutandis pursuant to Article 20-8, paragraph (2), by the rate for an illness or injury pension for multiple-job workers amongst the rates specified by Cabinet Order set forth in items (i) through (iii) of that table".
Where a multiple-job worker gets injured or falls ill due to the work of two or more businesses in which the multiple-job worker is engaged and remains physically disabled after recovery, a disability benefit for multiple-job workers is paid to the multiple-job worker based on their claim.
In accordance with the grades of disability specified by Order of the Ministry of Health, Labour and Welfare set forth in Article 15, paragraph (1), disability benefits for multiple-job workers are paid in the form of a disability pension for multiple-job workers or a disability lump-sum payment for multiple-job workers.
The provisions of Article 15, paragraph (2) and Article 15-2 as well as the provisions of Appended Table 1 (limited to the parts pertaining to the disability compensation pension) and Appended Table 2 (limited to the parts pertaining to the disability compensation lump-sum payment) apply mutatis mutandis to disability benefits for multiple-job workers. In this case, the terms "disability compensation pension" and "disability compensation lump-sum payment" in these provisions are deemed to be replaced with "disability pension for multiple-job workers" and "disability lump-sum payment for multiple-job workers", respectively.
Where a multiple-job worker dies due to the work of two or more businesses in which the multiple-job worker is engaged, benefits for surviving family of multiple-job workers are paid to the surviving family members of the multiple-job worker based on their claims.
The benefits for surviving family of multiple-job workers are paid in the form of a pension for surviving family of multiple-job workers or a lump-sum payment for surviving family of multiple-job workers.
複数事業労働者遺族給付は、複数事業労働者遺族年金又は複数事業労働者遺族一時金とする。
Article 20-6, paragraph (3)
The provisions of Article 16-2 through Article 16-9 as well as the provisions of Appended Table 1 (limited to the parts pertaining to the compensation pension for surviving family) and Appended Table 2 (limited to the parts pertaining to the lump-sum compensation payment for surviving family) apply mutatis mutandis to benefits for surviving family of multiple-job workers. In this case, the terms "compensation pension for surviving family" and "lump-sum compensation payment for surviving family" in these provisions are deemed to be replaced with "pension for surviving family of multiple-job workers" and "lump-sum payment for surviving family of multiple-job workers", respectively.
Where a multiple-job worker dies due to the work of two or more businesses in which the multiple-job worker is engaged, a funeral benefit for multiple-job workers is paid to the person who holds the funeral based on their claim.
The provisions of Article 17 apply mutatis mutandis to the funeral benefit for multiple-job workers.
第十七条の規定は、複数事業労働者葬祭給付について準用する。
Article 20-8第二十条の八
Article 20-8, paragraph (1)
An illness or injury pension for multiple-job workers is paid to a multiple-job worker who gets injured or falls ill due to the work of two or more businesses in which the multiple-job worker is engaged, when the multiple-job worker 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 the injury or illness, or comes to fall under all of the following items after that day, and such payment is made for the period during which that condition continues:
the degree of disability due to the illness or injury falls under a grade of injury or illness specified by Order of the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph (3), item (ii).
The provisions of Article 18 and Article 18-2 as well as the provisions of Appended Table 1 (limited to those parts pertaining to the illness or injury compensation pension) apply mutatis mutandis to an illness or injury pension for multiple-job workers. In this case, the term "compensation payment for loss of salary during a temporary absence from work" in Article 18, paragraph (2) is deemed to be replaced with "payment for loss of salary during a temporary absence from work for multiple-job workers", and the term "illness or injury compensation pension" in that table is deemed to be replaced with "illness or injury pension for multiple-job workers".
The nursing care benefit for multiple-job workers is paid to a multiple-job worker who has the right to receive a disability pension for multiple-job workers or an illness or injury pension for multiple-job workers, based on their claim, when the multiple-job worker is in a physical condition requiring constant or occasional nursing care and is receiving constant or occasional nursing care due to a disability which is the reason for the disability pension for multiple-job workers or illness or injury pension for multiple-job workers which the multiple-job worker has the right to receive and whose degree is specified by Order of the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph (4), and such payment is made during the period while the multiple-job worker is receiving the nursing care (excluding the following periods):
the period during which the worker is admitted to a facility designed to support persons with disabilities (limited to cases where the worker receives nursing care for daily life);
障害者支援施設に入所している間(生活介護を受けている場合に限る。)
Article 20-9, paragraph (1), item (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
第十二条の八第四項第二号の厚生労働大臣が定める施設に入所している間
Article 20-9, paragraph (1), item (iii)
the period during which the worker is admitted to a hospital or clinic
病院又は診療所に入院している間
Article 20-9, paragraph (2)
The provisions of Article 19-2 apply mutatis mutandis to nursing care benefits for multiple-job workers.
第十九条の二の規定は、複数事業労働者介護給付について準用する。
Article 20-10第二十条の十
Article 20-10, paragraph (1)
In addition to what is prescribed in this Section, the particulars necessary for insurance proceeds in respect of a multiple-job-related accident are prescribed by Order of the Ministry of Health, Labour and Welfare.
Section 3 Insurance Proceeds for Commuting Accidents第三節 通勤災害に関する保険給付
Article 21第二十一条
Article 21, paragraph (1)
The insurance proceeds in respect of commuting accidents set forth in Article 7, paragraph (1), item (iii) are the insurance proceeds specified as follows:
第七条第一項第三号の通勤災害に関する保険給付は、次に掲げる保険給付とする。
Article 21, paragraph (1), item (i)
medical treatment benefits;
療養給付
Article 21, paragraph (1), item (ii)
payment for loss of salary during a temporary absence from work;
休業給付
Article 21, paragraph (1), item (iii)
disability benefits;
障害給付
Article 21, paragraph (1), item (iv)
benefits for surviving family;
遺族給付
Article 21, paragraph (1), item (v)
payments for funeral service fee;
葬祭給付
Article 21, paragraph (1), item (vi)
benefits for workers who get injured or fall ill while commuting to and from work; and
傷病年金
Article 21, paragraph (1), item (vii)
nursing care benefits
介護給付
Article 22第二十二条
Article 22, paragraph (1)
Where a worker gets injured or falls ill (limited to diseases specified by Order of the Ministry of Health, Labour and Welfare; hereinafter the same applies in this Section) while commuting to or from work (meaning commuting as set forth in Article 7, paragraph (1), item (iii); the same applies hereinafter), medical treatment benefits are paid to the worker based on their claim.
The provisions of Article 13 apply mutatis mutandis to medical treatment benefits.
第十三条の規定は、療養給付について準用する。
Article 22-2第二十二条の二
Article 22-2, paragraph (1)
Where a worker does not receive wages because of their inability to work due to medical treatment pertaining to an injury or illness caused while commuting to or from work, compensation payment for loss of salary during a temporary absence from work benefits is to be paid to the worker based on their claim.
The provisions of Article 14 and Article 14-2 apply mutatis mutandis to compensation payment for loss of salary during a temporary absence from work. In this case, the term "in the course of their duties" in Article 14, paragraph (1) is deemed to be replaced with "while commuting to or from work" and the term "in accordance with the cases prescribed in items (i) through (iii) of appended table 1, by the rate for an illness or injury compensation pension amongst the rates specified in Cabinet Order set forth in items (i) to (iii) of that table" in paragraph (2) of that Article is be deemed to be replaced with "in accordance with the cases prescribed in items (i) through (iii) of appended table 1 as applied mutatis mutandis pursuant to the provisions of Article 23, paragraph (2), by the rate for an illness or injury compensation pension amongst the rates specified in Cabinet Order set forth in items (i) through (iii) of that table."
The amount of compensation or loss of salary during a temporary absence from work to be paid to a worker receiving medical treatment benefits (excluding persons specified in Order 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 occurred, notwithstanding the provisions of Article 14, paragraph (1) as applied mutatis mutandis pursuant to the provisions of the preceding paragraph, is the amount obtained by deducting the amount equivalent to the amount specified in Order 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).
Where a worker gets injured or falls ill while commuting to or from work and remains physically disabled after recovery, a disability benefit is paid to the worker based on their claim.
Disability benefits are paid in the form of disability pension or a lump sum payment for disability, in accordance with the grades of disabilities specified in Order of the Ministry of Health, Labour and Welfare set forth in Article 15, paragraph (1).
障害給付は、第十五条第一項の厚生労働省令で定める障害等級に応じ、障害年金又は障害一時金とする。
Article 22-3, paragraph (3)
The provisions of Article 15, paragraph (2) and Article 15-2 as well as the provisions of appended table 1 (limited to the parts pertaining to the disability compensation pension) and appended table 2 (limited to the parts pertaining to the lump sum compensation payment for disability) apply mutatis mutandis to disability benefits. In this case, the term "disability compensation pension" and "lump sum payment for disability" in these provisions are respectively deemed to be replaced with "disability pension" and " lump sum payment for disability ".
Where a worker dies while commuting to or from work, benefits for surviving family is paid to the worker's surviving family members based on their claims.
遺族給付は、労働者が通勤により死亡した場合に、当該労働者の遺族に対し、その請求に基づいて行なう。
Article 22-4, paragraph (2)
Benefit for surviving family is paid in the form of a survivor pension or lump sum payment for surviving family.
遺族給付は、遺族年金又は遺族一時金とする。
Article 22-4, paragraph (3)
The provisions of Articles 16-2 to Article 16-9 as well as the provisions of appended table 1 (limited to the parts pertaining to the compensation pension for surviving family) and appended table 2 (limited to the parts pertaining to the lump sum compensation for surviving family) 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 are respectively deemed to be replaced with "pension for surviving family" and "lump sum payment for surviving family".
Where a worker dies while commuting to or from work, funeral service fee is paid to the person who holds the funeral based on their claim.
葬祭給付は、労働者が通勤により死亡した場合に、葬祭を行なう者に対し、その請求に基づいて行なう。
Article 22-5, paragraph (2)
The provisions of Article 17 apply mutatis mutandis to payment of funeral service fee.
第十七条の規定は、葬祭給付について準用する。
Article 23第二十三条
Article 23, paragraph (1)
An illness or injury pension is paid to a worker who gets injured or fall ill while commuting to or from work, when the person 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 the illness or injury, or falls under all of the following items after that day, and such payment is made for the period during which the relevant illness or injury continues to exist:
the degree of disability due to the illness or injury falls under a grade of illness or injury specified by Order of the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph (3), item (ii).
The provisions of Article 18 and Article 18-2 as well as the provisions of appended table 1 (limited to those parts pertaining to the illness or injury compensation pension) apply mutatis mutandis to an illness or injury pension. In this case, the term "compensation payment for loss of salary during a temporary absence from work " in Article 18, paragraph (2) is deemed to be replaced with "payment for loss of salary during a temporary absence from work", and the term "illness or injury compensation pension" in that table is deemed to be replaced with "illness or injury pension".
Nursing care benefit is paid to a worker who has the right to receive a disability pension or an illness or injury pension, based on their claim, when the worker is in a physical condition requiring constant or occasional nursing care and is receiving constant or occasional nursing care due to a disability which is the cause for the payment of that disability pension or illness or injury pension which the worker has the right to receive and whose degree of disability is specified by Order of the Ministry of Health, Labour and Welfare set forth in Article 12-8, paragraph (4), and such payment is made during the period while the worker is receiving the nursing care(excluding the following periods):
the period during which the worker is admitted to a facility designed for persons with disabilities (limited to cases where the worker receives nursing care for daily life);
障害者支援施設に入所している間(生活介護を受けている場合に限る。)
Article 24, paragraph (1), item (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
第十二条の八第四項第二号の厚生労働大臣が定める施設に入所している間
Article 24, paragraph (1), item (iii)
the period during which the worker is admitted to a hospital or clinic
病院又は診療所に入院している間
Article 24, paragraph (2)
The provisions of Article 19-2 apply mutatis mutandis to nursing care benefits.
第十九条の二の規定は、介護給付について準用する。
Article 25第二十五条
Article 25, paragraph (1)
In addition to what is prescribed in this Section, necessary particulars necessary for payment of insurance proceeds in respect of a commuting accident are prescribed by Order of the Ministry of Health, Labour and Welfare.
この節に定めるもののほか、通勤災害に関する保険給付について必要な事項は、厚生労働省令で定める。
Section 4 Payment for Follow-up Medical Examination第四節 二次健康診断等給付
Article 26第二十六条
Article 26, paragraph (1)
Follow-up medical examination expenses is paid to a worker, based on their claim, where the worker has, in their most recent medical examination conducted pursuant to the provisions of Article 66, paragraph (1) of the Industrial Health and Safety Act (Act No. 57 of 1972) or a medical examination pertaining to the medical examination conducted pursuant to the provisions of the proviso to paragraph (5) of that 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 caused in the course of their duties, which are specified by Order of the Ministry of Health, Labour and Welfare, and the worker who has undergone these tests is diagnosed as those showing abnormalities for all items of the medical test (excluding workers who, based on the results of the initial medical examination or for other reasons, obviously have symptoms of cerebrovascular disease or heart disease).
The coverage of follow-up medical examination is as follows:
二次健康診断等給付の範囲は、次のとおりとする。
Article 26, paragraph (2), item (i)
a medical examination conducted by a doctor who carries out the medical test (excluding the tests prescribed in the preceding paragraph) specified by Order of the Ministry of Health, Labour and Welfare which are necessary to understand 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
health guidance given by a doctor or public health nurse by having an 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)
With regard to workers who, based on the results of a follow-up medical examination or for other reasons, obviously have symptoms of a cerebrovascular disease or heart disease, the government does not give specific health guidance pertaining to the follow-up medical examination.
With respect to the application of the provisions of Article 66-4 of the Industrial Health and Safety Act to an employer (meaning an employer prescribed in Article 2, item (iii) of that Act) who has received, from a worker who has undergone a follow-up medical examination, a document certifying the results of the follow-up medical examination within a period specified by Order of the Ministry of Health, Labour and Welfare not exceeding three months from the day of the follow-up medical examination, the term the "results of the medical examinations... (limited to the results of the medical examinations" in that Article is 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".
In addition to what is prescribed in this Section, the necessary particulars for the payment of follow-up medical examination, etc. are prescribed by Order of the Ministry of Health, Labour and Welfare.
この節に定めるもののほか、二次健康診断等給付について必要な事項は、厚生労働省令で定める。
Chapter III-2 Projects to Promote Social Reintegration of Workers into Society第三章の二 社会復帰促進等事業
Article 29第二十九条
Article 29, paragraph (1)
The government may undertake the following projects as the project to promote social reintegration of workers into society for workers engaged in businesses covered by this insurance and their surviving families:
projects necessary to establish and operate facilities for medical treatment and facilities for medical rehabilitation, and promote the smooth social reintegration of workers had an occupational accident, multiple-job-related accident or commuting accident (hereinafter referred to as "victims" in the following item);
projects necessary to provide support for victims under medical treatment, provide support for victims who receive nursing care, provide support for surviving family members who attend school, support victims and their surviving family members by providing loans for the funds they need, and other support for victims and their surviving family members; and
projects necessary to support activities for the prevention of occupational accidents, to establish and operate facilities for medical examinations, to secure the safety and health of workers, to secure the appropriate implementation of the payment of insurance proceeds, and to secure the payment of wages
Standards necessary for the implementation of the projects specified in the items of the preceding paragraph are specified by Order of the Ministry of Health, Labour and Welfare.
前項各号に掲げる事業の実施に関して必要な基準は、厚生労働省令で定める。
Article 29, paragraph (3)
The government is to have the Japan Organization of Occupational Health and Safety perform, among the project to promote social reintegration of workers into society set forth in paragraph (1), those specified in Article 12, paragraph (1) of the Act on the Japan Organization of Occupational Health and Safety, Independent Administrative Agency (Act No. 171 of 2002).
The premiums to be collected by the government to cover the costs necessary for industrial accident compensation insurance services are governed by the provisions of the Premiums Collection Act.
When the government pays insurance proceeds for an accident which falls under any of the following items, it may collect from the employer, pursuant to the provisions of Order 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 proceeds in respect of an occupational accident, the value of accident compensation under the provisions of the Labor Standards Act or the value of accident compensation under the provisions of the Mariners Act which is equivalent to accident compensation under the provisions of the Labor Standards Act, up to the limit of, in the case of insurance proceeds in respect of a multiple-job-related accident, the value of accident compensation under the provisions of that Act equivalent to the insurance proceeds for an occupational accident payable where the multiple-job-related accident is deemed to be an occupational accident (limited to the amount calculated for each business pertaining to that multiple-job-related accident), and up to the limit of, in the case of insurance proceeds for a commuting accident, the value of accident compensation under the provisions of that Act equivalent to the insurance proceeds for an occupational accident payable where a commuting accident is deemed to be an occupational accident:
an accident occurred during a period when the employer has failed, intentionally or through gross negligence, to submit a notification under the provisions of Article 4-2, paragraph (1) of the Premiums Collection Act which is related to the establishment of the relationship between the insured business and this insurance (in cases where the government has made a decision with respect to the projects concerned under the provisions of Article 15, paragraph (3) of the Premiums Collection Act, the period after the decision is excluded);
an accident occurred 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 demand letter set forth in Article 27, paragraph (2) of the Premiums Collection Act); or
an accident caused by the employer through their intentional act or gross negligence, which is the cause of an occupational accident
事業主が故意又は重大な過失により生じさせた業務災害の原因である事故
Article 31, paragraph (2)
The government collects an amount specified by Order 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 Order of the Ministry of Health, Labour and Welfare) as the worker's co-payment; provided, however, that this does not apply to a worker who receives payment for loss of salary during a temporary absence from work at an amount reduced pursuant to the provisions of Article 22-2, paragraph (3).
The government may, as an appropriation to the co-payment set forth in the preceding paragraph, which is collected from the worker set forth in that paragraph, deduct an amount equivalent to the co-payment from the amount of the insurance proceeds to be paid to the worker, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 27, Article 29, Article 30 and Article 41 of the Premiums Collection Act apply mutatis mutandis to the money collected under the provisions of paragraph (1) or (2).
The national treasury may subsidize part of the costs necessary for industrial accident compensation insurance services, within the budget.
国庫は、予算の範囲内において、労働者災害補償保険事業に要する費用の一部を補助することができる。
Chapter IV-2 Special Insurance Coverage第四章の二 特別加入
Article 33第三十三条
Article 33, paragraph (1)
The occupational accident, multiple-job-related accident and commuting accident of the persons specified in the following items (in the case of persons specified in items (ii), (iv) or (v), excluding those who are workers) are governed by the provisions of this Chapter:
an employer who hires the number of workers less that the number specified by Order of the Ministry of Health, Labour and Welfare (excluding businesses specified by Order 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") with the handling of the labor insurance affairs set forth in paragraph (1) of that Article (in cases where the employer is a juridical person or other organization, the representative thereof);
a person engaged in a business operated by an employer set forth in the preceding item;
前号の事業主が行う事業に従事する者
Article 33, paragraph (1), item (iii)
a person who normally operates a type of business specified by Order of the Ministry of Health, Labour and Welfare without hiring any workers;
厚生労働省令で定める種類の事業を労働者を使用しないで行うことを常態とする者
Article 33, paragraph (1), item (iv)
a person engaged in a business operated by a person set forth in the preceding item;
前号の者が行う事業に従事する者
Article 33, paragraph (1), item (v)
a person engaged in a type of work specified by Order of the Ministry of Health, Labour and Welfare;
厚生労働省令で定める種類の作業に従事する者
Article 33, paragraph (1), item (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 enforced (excluding businesses for which the period of business is predetermined), to be engaged in a business carried out in the developing area (excluding areas in countries specified by Order of the Ministry of Health, Labour and Welfare in consideration of the status of protection systems in relation to occupational accidents, multiple-job-related accidents and commuting accidents and other circumstances) in order to perform the operations of the organization; and
a person who is dispatched by an employer carrying out a business in the area where this Act is enforced (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 enforced (excluding areas in countries specified by Order of the Ministry of Health, Labour and Welfare in consideration of the status of protection systems in relation to occupational accidents, multiple-job-related accidents and commuting accidents and other circumstances) (in cases where the business does not fall under the categories of specified business, limited to persons who are dispatched as a worker used for the relevant business)
When an employer set forth in item (i) of the preceding Article files a claim for persons specified in that item and in item (ii) of that Article collectively as persons eligible to receive insurance proceeds for the occupational accident, multiple-job-related accident or commuting accident covered by this insurance based on the relationship established between this insurance and 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 is provided as follows:
The persons specified in items (i) and (ii) of the preceding Article are deemed to be the workers used for the business;
前条第一号及び第二号に掲げる者は、当該事業に使用される労働者とみなす。
Article 34, paragraph (1), item (ii)
When a person specified in item (i) or (ii) of the preceding Article gets injured or falls ill during the course of their duties, when the person is unable to engage in the business due to medical treatment for the illness or injury or when the person remains physically disabled after the person has recovered from the illness or injury, or when the person dies in the course of their duties, it is deemed that the cause of accident compensation prescribed in Article 75 to Article 77 and Article 79 and Article 80 of the Labor Standards Act has occurred;
The basic daily payment amount for the persons specified in items (i) and (ii) of the preceding Article is the amount specified by the Minister of Health, Labour and Welfare in consideration of the amount of the wages of the workers used for the business and other circumstances; and
When an accident involving a person specified in item (i) or (ii) of the preceding Article occurs during a period in which Type 1 special insurance premiums set forth in Article 10, paragraph (2), item (ii) of the Premiums Collection Act is unpaid, the government may decide not to pay the insurance proceeds pertaining to the accident in whole or in part. The same applies where an accident that is the cause of an occupational accident occurred to any of these persons as a result of an intentional act or the gross negligence of an employer set forth in item (i) of the preceding Article.
The employer set forth in item (i) of the preceding Article may, even after the approval set forth in the preceding paragraph is given, decide not to designate the persons specified in that item and item (ii) of that Article collectively as persons eligible to receive insurance proceeds, with the approval of the government.
The government may, when an employer set forth in item (i) of the preceding Article violates the provisions of this Act or the Premiums Collection Act or Order of the Ministry of Health, Labour and Welfare under these Acts, revoke the approval set forth in paragraph (1).
The right to receive insurance proceeds of the persons specified in items (i) and (ii) of the preceding Article is not affected by the approval under the provisions of paragraph (2) or the revocation of the approval set forth in paragraph (1) pursuant to the provisions of the preceding paragraph. The same applies where these persons have ceased to be the persons specified in items (i) and (ii) of that Article.
When an association of persons set forth in Article 33, item (iii) or an association of persons set forth in item (v) of that Article has filed a claim to have this insurance apply to occupational accidents, multiple-job-related accidents and commuting accidents occurred to the persons set forth in item (iii) of that Article who are members of the association and to persons set forth in item (iv) of that Article related to those persons or to persons set forth in item (v) of that Article who are members of the association (limited to occupational accidents and multiple-job-related accidents in the case of persons specified by Order of the Ministry of Health, Labour and Welfare among those specified above in consideration of the situation while traveling between their residence and workplace or the like), and the approval of the government has been given for it as an association that conforms to the requirements specified by Order of the Ministry of Health, Labour and Welfare as those of an association capable of appropriately carrying out the affairs prescribed in Article 33, paragraph (1) of the Premiums Collection Act that pertain to the relationship with this insurance, affairs related to activities for the prevention of occupational accidents, and other affairs pertaining to the relationship with this insurance, the application of the provisions of Chapter III, Sections 1 through 3 (with regard to the persons specified by Order of the Ministry of Health, Labour and Welfare, Sections 1 through 2-2 of that Chapter) and Chapter III-2 of this Act and Chapters II through VI of the Premiums Collection Act are provided as follows:
the association is deemed to be the insured business set forth in Article 3, paragraph (1) and as the employer thereof.
当該団体は、第三条第一項の適用事業及びその事業主とみなす。
Article 35, paragraph (1), item (ii)
the day on which the approval was given is deemed to be the day on which the insured business set forth in the preceding item commences.
当該承認があつた日は、前号の適用事業が開始された日とみなす。
Article 35, paragraph (1), item (iii)
the persons specified in Article 33, items (iii) to (v) pertaining to the association is deemed to be the workers used for the insured business set forth in item (i).
the dissolution of the association is deemed to be the discontinuation of the business.
当該団体の解散は、事業の廃止とみなす。
Article 35, paragraph (1), item (v)
The provisions of paragraph (1), item (ii) of the preceding Article apply mutatis mutandis to the grounds for payment of insurance proceeds for occupational accidents pertaining to the persons specified in Article 33, items (iii) through (v). In this case, in respect of persons specified in item (v) of that Article, the term "in the course of their duties" and the "relevant business" in paragraph (1), item (ii) of the preceding Article are respectively deemed to be replaced with "due to the work" and the "relevant work."
The basic daily payment amount for each of the persons specified in Article 33, items (iii) through (v) is the amount specified by the Minister of Health, Labour and Welfare in consideration of the wages of workers used for the businesses of the same kind as, or similar to, the business, or used for the businesses where the same kind as, or similar to, the work is carried out, and other circumstances.
When an accident occurred to any of the persons specified in Article 33 items (iii) through (v) occurred 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 unpaid, the government may decide not to pay the whole or a part of the insurance benefits pertaining to the accident.
A person who, as a person specified in any of items (iii) through (v) of Article 33, is deemed to be a worker pursuant to the provisions of item (iii) of the preceding paragraph in respect of one association, is not, in terms of the same kind of business or the same kind of work, also deemed to be a worker pursuant to the provisions of that item in respect of another association.
An association that has received the approval set forth in paragraph (1) (hereinafter referred to as an "approved association") may, even after the approval set forth in that paragraph has been given, may extinguish the relationship between this insurance and the approved association, with the approval of the government.
The government may, when an association set forth in paragraph (1) violatesIf the government finds that improvement is necessary with regard to the provisionsoperation of this Act, the Premiums Collection Act, or Order of affairs of an approved association relating to the Ministry of Health, Labourrelationship between this insurance and Welfare under these Acts, the approved association, the government may extinguishorder the relationship between this insurance andapproved association to take the associationmeasures necessary for that improvement.
The right to receive insurance proceeds of persons specified in Article 33, items (iii) through (v) is not affected bygovernment may, when an approved association violates the withdrawalprovisions of the persons specified in item (iii)this Act, the Premiums Collection Act, or (v)Order of that Article from the association set forth in paragraph (1). The same applies where any of the persons specified in items (iii) through (v) of that Article cease to be a person specified inMinistry of Health, Labour and Welfare under these Acts, or violates an order under the provisions of the preceding paragraph, may extinguish the relationship between this insurance and the respective itemsapproved association.
The right to receive insurance proceeds of persons specified in Article 33, items (iii) through (v) is not affected by the withdrawal of the persons specified in item (iii) or (v) of that Article from the approved association. The same applies where any of the persons specified in items (iii) through (v) of that Article cease to be a person specified in the respective items.
When an association referred to in Article 33, item (vi) or an employer referred to in item (vii) of that Article files a claim for a person specified in item (vi) or (vii) of that Article as a person eligible to receive insurance proceeds for an occupational accident, multiple-job-related accident or commuting accident covered by this insurance, based on the relationship between this insurance and the insured business (excluding businesses for which the period of business is predetermined) carried out by the association or employer in the area where this Act is enforced, and the approval of the government has been given, the application of the provisions of Chapter III, Sections 1 through 3 and Chapter III-2 is provided as follows:
a person specified in Article 33, items (vi) or (vii) is deemed to be a worker used for the relevant business.
第三十三条第六号又は第七号に掲げる者は、当該事業に使用される労働者とみなす。
Article 36, paragraph (1), item (ii)
the provisions of Article 34, paragraph (1), item (ii) apply mutatis mutandis to the grounds for insurance proceeds for an occupational accident occurred to a person specified in Article 33, item (vi) or (vii), and the provisions of item (iii) of that paragraph apply mutatis mutandis to the basic daily payment amount for a person specified in item (vi) or (vii) of that Article. In this case, the term the "business" in item (ii) of that paragraph is 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 enforced."
When an accident occurred to a person specified in Article 33, item (vi) or (vii) occurs 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 unpaid, the government may decide not to pay the whole or a part of the insurance proceeds pertaining to the relevant accident.
The provisions of Article 34, paragraphs (2) and (3) apply mutatis mutandis to an association referred to in Article 33, item (vi) or an employer referred to in item (vii) of that Article that has obtained the approval of the government set forth in the preceding paragraph, and the provisions of Article 34, paragraph (4) apply mutatis mutandis to the right of a person specified in Article 33, item (vi) or (vii) to receive insurance proceeds. In this case, the term the "approval referred to in the preceding paragraph" and the "approval referred to in paragraph (1)" in these provisions is deemed to be replaced with the "approval referred to in Article 36, paragraph (1)", and the term "the persons specified in that item and item (ii) of that Article collectively" in Article 34, paragraph (2) is deemed to be replaced with a "person specified in items (vi) or (vii) of that Article", and the term "items (i) and (ii) of that Article" in paragraph (4) of that Article is deemed to be replaced with "Article 33, item (vi) or (vii)".
In addition to what is prescribed in this Chapter, the necessary matters in respect of the occupational accident, multiple-job-related accident and commuting accident occurred to persons specified in the items of Article 33 are prescribed by Order of the Ministry of Health, Labour and Welfare.
A person who is dissatisfied with a decision on insurance proceeds or on the implementation of the projects listed in the items of Article 29, paragraph (1) that are specified by Cabinet Order as projects carried out for workers engaged in businesses covered by this insurance and their surviving families may file a request for administrative review with an industrial accident compensation insurance examiner, and a person who is dissatisfied with a decision by the examiner may file a request for re-examination with the Labor Insurance Appeal Committee.
A person who has filed a request for administrative review set forth in the preceding paragraph may, when no decision on the request for administrative review is made even after three months have elapsed from the day on which the request was filed, deem that the industrial accident compensation insurance examiner has dismissed the request for administrative review.
With regard to the suspension of completion and renewal of prescription, the request for administrative review and the request for re-examination set forth in paragraph (1) is deemed to be a demand by litigation.
第一項の審査請求及び再審査請求は、時効の完成猶予及び更新に関しては、これを裁判上の請求とみなす。
Article 39第三十九条
Article 39, paragraph (1)
The provisions of Chapter II (excluding Article 22) and Chapter IV of the Administrative Complaint Review Act (Act No. 68 of 2014) do not apply to the request for administrative review or the request for re-examination set forth in paragraph (1) of the preceding Article.
No action for revocation of original administrative disposition prescribed in Article 38, paragraph (1) may be filed until a decision is made by the industrial accident compensation insurance examiner on the request for administrative review of the disposition.
The right to receive medical treatment compensation benefits, compensation payments for loss of salary during a temporary absence from work, funeral service fees, nursing care compensation benefits, medical treatment benefits for multiple-job workers, payments for loss of salary during a temporary absence from work for multiple-job workers, funeral benefit for multiple-job workers, nursing care benefits for multiple-job workers, medical treatment benefits, payments for loss of salary during a temporary absence from work, funeral benefits, nursing care benefits and payment for follow-up medical examination is extinguished by prescription when two years have elapsed from the time when it becomes exercisable, and ; provided, however, that if the right illness pertaining to receive disability compensation benefits, the accident that is the cause of those insurance proceeds (excluding payment for follow-up medical examination) is an illness specified by Cabinet Order as one for which, by its nature, it cannot easily be determined whether it falls under the cause of accident compensation benefits for surviving family, disability benefits prescribed in Article 12-8, paragraph (2) or the cause for multiple-job workers,which the benefits for surviving family prescribed in paragraph (4) of multiple-job workers, disability benefits and that Article are to be paid, whether it falls under the cause for which the benefits prescribed in Article 20-3, paragraph (1), Article 20-4, paragraph (1), Article 20-7, paragraph (1) or Article 20-9, paragraph (1) are to be paid, or whether it falls under the cause for surviving family which the benefits prescribed in Article 22, paragraph (1), Article 22-2, paragraph (1), Article 22-5, paragraph (1) or Article 24, paragraph (1) are to be paid, the term "two years" in the main clause of this paragraph is extinguished by prescription when deemed to be replaced with "five years have elapsed from" with regard to the time when it becomes exercisableright to receive those insurance proceeds.
Where, dueThe right to the revision of the average salary for each quarter under the provisions of Article 8-2, paragraph (1), item (ii) or the average salaryreceive disability compensation benefits, compensation benefits for a fiscal year under the provisions of Article 8-3, paragraph (1), item (ii), the Minister of Health, Labour and Welfare has changed the rate specified by the Ministersurviving family, disability benefits for multiple-job workers, benefits for surviving family of Health, Labour and Welfare prescribed in Article 8-2, paragraph (1), item (ii), Article 8-3, paragraph (1), item (ii) or Article 16-6, paragraph (2) (including as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) or Article 22-4, paragraph (3),multiple-job workers, disability benefits and cases where that provisionbenefits for surviving family is to be followed pursuant to the provisions of Article 58, paragraph (1), Article 60-2, paragraph (1) or Article 61, paragraph (1)), or the government has changed the amount calculatedextinguished by the government prescribed in Article 8, paragraph (2), and there are insurance proceeds whose amount has been recalculated as a result of that change, the provisions of Article 31, paragraph (1) of the Public Accounting Act (Act No. 35 of 1947) do not apply to the right to receive payment of unpaid insurance proceeds underprescription when five years have elapsed from the provisions of Article 11 pertaining to those insurance proceedstime when it becomes exercisable.
Where, due to the revision of the average salary for each quarter under the provisions of Article 8-2, paragraph (1), item (ii) or the average salary for a fiscal year under the provisions of Article 8-3, paragraph (1), item (ii), the Minister of Health, Labour and Welfare has changed the rate specified by the Minister of Health, Labour and Welfare prescribed in Article 8-2, paragraph (1), item (ii), Article 8-3, paragraph (1), item (ii) or Article 16-6, paragraph (2) (including as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) or Article 22-4, paragraph (3), and cases where that provision is to be followed pursuant to the provisions of Article 58, paragraph (1), Article 60-2, paragraph (1) or Article 61, paragraph (1)), or the government has changed the amount calculated by the government prescribed in Article 8, paragraph (2), and there are insurance proceeds whose amount has been recalculated as a result of that change, the provisions of Article 31, paragraph (1) of the Public Accounting Act (Act No. 35 of 1947) do not apply to the right to receive payment of unpaid insurance proceeds under the provisions of Article 11 pertaining to those insurance proceeds.
The provisions of the Civil Code concerning the computation of a period of time apply mutatis mutandis to the computation of a period of time prescribed in this Act or by Cabinet Orders and Orders of the Ministry of Health, Labour and Welfare under this Act.
No stamp tax is imposed on documents related to industrial accident compensation insurance.
労働者災害補償保険に関する書類には、印紙税を課さない。
Article 45第四十五条
Article 45, paragraph (1)
The mayor of a municipality (including the mayor of a special ward, and with regard to a designated city set forth in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), the mayor of a ward or the mayor of an administratively consolidated ward) may, pursuant to the provisions of a municipal ordinance of the relevant municipality (including a special ward), issue a certificate with no charge, in respect of the family register of a person or surviving family member seeking to receive insurance proceeds, to the administrative agency concerned or the person seeking to receive insurance proceeds.
An administrative agency may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, order a person who hires workers, a labor insurance affairs association, an association prescribed in Article 35, paragraph (1)approved association, a client entity prescribed in Article 44, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985; referred to as the "Worker Dispatching Act" in Article 48, paragraph (1)) (hereinafter referred to as a "client entity"), or a person who receives the services of a dispatched mariner prescribed in Article 6, paragraph (13) of the Mariners' Employment Security Act (Act No. 130 of 1948) (hereinafter referred to as a "dispatched mariner"), to make a report, submit a document or appear as necessary for the enforcement of this Act.
An administrative agency may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, order a worker hired for a business in which the relationship between the insured business and this insurance has been established (including a person who is deemed to be a worker hired for that 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 proceeds, 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 appear in its office as necessary for the enforcement of this Act, or may order a third party who caused an accident which was the cause of insurance proceeds (excluding a client entity and a person who receives the services of a dispatched mariner; hereinafter referred to as a "third party" in Article 53) to make a report, etc.
An administrative agency may, when it finds it necessary for the payment of insurance proceeds, order a person who receives or seeks to receive insurance proceeds (including the person who is the basis of calculation of the amount of a compensation pension for surviving family, a pension for surviving family of multiple-job workers or a pension for surviving family) to undergo a diagnosis by a doctor designated by the agency.
The government may temporarily suspend the payment of insurance proceeds when a person having the right to receive insurance proceeds, without any reasonable grounds, fails to make a notification or submit a document or other items pursuant to the provisions of Article 12-7 or fails to comply with an order issued pursuant to the provisions of preceding two Articles.
An administrative agency may, to the extent necessary for the enforcement of this Act, have its officials enter the workplace of the insured business, the office of a labor insurance affairs association or of an association prescribed in Article 35, paragraph (1)approved association, the workplace of the business of a client entity prescribed in Article 44, paragraph (1) of the Worker Dispatching Act, or the workplace of a person who receives the services of a dispatched mariner, question relevant persons or inspect books and documents or other items.
An official who conducts an on-site inspection pursuant to the provisions of the preceding paragraph must carry an identification card and present it to the relevant persons.
The authority to conduct on-site inspections under the provisions of paragraph (1) must not be construed as the authority granted for criminal investigations.
第一項の規定による立入検査の権限は、犯罪捜査のために認められたものと解釈してはならない。
Article 49第四十九条
Article 49, paragraph (1)
An administrative agency may, when it finds it necessary for the payment of insurance proceeds, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, order the doctor or other person who takes charge of the medical examination of a person who receives or seeks to receive insurance proceeds (including the person who is the basis of calculation of the amount of a compensation pension for surviving family, pension for surviving family of multiple-job workers or pension for surviving family), to submit a report or medical records, books and documents or other items related to the matters concerning the medical examination, or may have its officials inspect these items.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the inspection under the provisions of the preceding paragraph, and the provisions of paragraph (3) of that Article apply mutatis mutandis to the authority under the provisions of the preceding paragraph.
The Minister of Health, Labour and Welfare may, when the Minister finds it necessary in order to achieve the purposes of this Act with regard to mariners prescribed in Article 1 of the Mariners Act, request the Minister of Land, Infrastructure, Transport and Tourism to take necessary measures based on the Mariners Act.
When the Minister of Land, Infrastructure, Transport and Tourism finds it necessary in order to take the measures under the provisions of the preceding paragraph, the Minister may request the Minister of Health, Labour and Welfare to provide materials.
The Minister of Health, Labour and Welfare may, with regard to the enforcement of this Act, request the relevant administrative organs or public or private organizations to provide materials or other necessary cooperation.
The relevant administrative organs or public or private organizations requested to cooperate pursuant to the provisions of the preceding paragraph must meet requests to the fullest extent possible.
Where Cabinet Order or Order of the Ministry of Health, Labour and Welfare is established, amended or abolished under this Act, necessary transitional measures may be provided for by Cabinet Order or Order of the Ministry of Health, Labour and Welfare, respectively, to the extent considered reasonably necessary for such establishment, amendment or abolition.
The authority of the Minister of Health, Labour and Welfare prescribed by this Act may, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, be partially delegated to the Directors of the Prefectural Labor Bureaus.
When an employer, a client entity or a person who receives the services of a dispatched mariner falls under any of the following items, thatthe person who committed the violation is punished by imprisonment 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)approved association falls under any of these items, the same applies to the representative, agent or employee or other worker of the labor insurance affairs association or the approved association, who committed the violation:
wherewhen the person fails to make a report or submit a false report, or fails to submit a document or submits a document containing any false statement, in violation of an order issued pursuant to the provisions of Article 46; or
wherewhen the person fails to answer or makes a false statement in response to a question asked by the relevant official pursuant to the provisions of Article 48, paragraph (1), or refuses, prevents or evades an inspection conducted pursuant to the provisions of Article 48,that paragraph (1).
When a person other than an employer, labor insurance affairs association, association prescribed in Article 35, paragraph (1)approved association, client entity or person who receives the services of a dispatched mariner (excluding a third party) falls under any of the following items, thatthe person who committed the violation is punished by imprisonment of not more than six months or a fine of not more than 200,000 yen:
wherewhen the person fails to make a report or notification or makes a false report or notification, or fails to submit a document or other items or submits a document containing any false statement, in violation of an order issued pursuant to the provisions of Article 47;
wherewhen the person fails to answer or make a false statement in response to a question asked by the relevant official pursuant to the provisions of Article 48, paragraph (1), or refuses, prevents or evades an inspection conducted pursuant to the provisions of Article 48,that paragraph (1); or
wherewhen the person fails to make a report or makes a false report or fails to present medical records, books and documents or other items in violation of an order issued pursuant to the provisions of Article 49, paragraph (1), or refuses, prevents or evades an inspection conducted pursuant to the provisions of that Articleparagraph.
When a representative of a juridical person (including labor insurance affairs associations and associations prescribed in Article 35, paragraph (1)approved associations which are not juridical persons; hereinafter the same applies in this paragraph) or an agent, employee or any other worker for a juridical person or an individual, with regard to the business of the juridical person or individual, commits a violation set forth in Article 51 or the preceding Article, not only the offender is punished but also the juridical person or individual is punished by the fine prescribed in the respective Articles.
Where a labor insurance affairs association or an association prescribed in Article 35, paragraph (1)approved association which is not a juridical person is punished pursuant to the provisions of the preceding paragraph, the representative of the labor insurance affairs association or approved association represents the labor insurance affairs association or approved 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 apply mutatis mutandis to such cases.
Supplementary Provisions, Article 43, paragraph (1)(遺族補償年金に関する特例)Special Provisions for Compensation Pensions for Surviving FamilyChanged
Until the scope of surviving family members eligible to receive a compensation pension for surviving family is revised based on the provisions of Article 45 of the Supplementary Provisions, a worker's husband (including a person who did not register marriage but had been in a de facto marital relationship with the worker; the same applies in the following paragraph), parents, grandparents and siblings who, at the time of the worker's death, were dependent on the worker's income and were 55 years of age or older and less than 60 years of age (excluding a person prescribed in Article 16-2, paragraph (1), item (iv) of the Industrial Accident Compensation Insurance Act who does not fall under Article 16-4, paragraph (1), item (vi) of that Act) are, notwithstanding the provisions of Article 16-2, paragraph (1) of that Act, surviving family members eligible to receive a compensation pension for surviving family under the provisions of that Act. In this case, the phrase "any of the items" in Article 16-4, paragraph (2) of that Act is deemed to be replaced with "any of the items (excluding item (vi))", and the phrase "surviving family members eligible to receive a compensation pension for surviving family" in the row for compensation pension for surviving family in Appended Table 1 of that Act is 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 Partially Amending the Industrial Accident Compensation Insurance Act (Act No. 130 of 1965) who are less than 60 years of age)".
Supplementary Provisions, Article 43, paragraph (2)(遺族補償年金に関する特例)Special Provisions for Compensation Pensions for Surviving FamilyChanged
The order of priority of the surviving family members prescribed in the preceding paragraph to receive a compensation pension for surviving family comes next after the surviving family members prescribed in Article 16-2, paragraph (1) of the Industrial Accident Compensation Insurance Act, and, among the surviving family members prescribed in the preceding paragraph, is in the order of husband, parents, grandparents and siblings.
Supplementary Provisions, Article 5, paragraph (1)(遺族年金に関する特例)Special Provisions for Pensions for Surviving FamilyChanged
A worker's husband (including a person who did not register marriage but had been in a de facto marital relationship with the worker), parents, grandparents and siblings who, at the time of the worker's death while commuting, were dependent on the worker's income and were 55 years of age or older and less than 60 years of age (excluding a person prescribed in Article 16-2, paragraph (1), item (iv) of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Insurance Act") as applied mutatis mutandis pursuant to Article 22-4, paragraph (3) of the Industrial Accident Insurance Act, who does not fall under Article 16-4, paragraph (1), item (vi) of the Industrial Accident Insurance Act as applied mutatis mutandis pursuant to Article 22-4, paragraph (3) of the Industrial Accident Insurance Act) are, notwithstanding the provisions of Article 16-2, paragraph (1) of the Industrial Accident Insurance Act as applied mutatis mutandis pursuant to Article 22-4, paragraph (3) of the Industrial Accident Insurance Act, for the time being, surviving family members eligible to receive a pension for surviving family under the provisions of the Industrial Accident Insurance Act. In this case, the phrase "any of the items" in Article 16-4, paragraph (2) of the Industrial Accident Insurance Act as applied mutatis mutandis pursuant to Article 22-4, paragraph (3) of the Industrial Accident Insurance Act is deemed to be replaced with "any of the items (excluding item (vi))", and the phrase "surviving family members eligible to receive a compensation pension for surviving family" in the row for compensation pension for surviving family in Appended Table 1 of the Industrial Accident Insurance Act is deemed to be replaced with "surviving family members eligible to receive a pension for surviving family (excluding surviving family members prescribed in Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Industrial Accident Compensation Insurance Act (Act No. 85 of 1973) who are less than 60 years of age)".
Supplementary Provisions, Article 7, paragraph (1)(複数事業労働者遺族年金に関する特例)Special Provisions Concerning Pensions for Surviving Family of Multiple-Job WorkersChanged
The husband (including a person who did not register marriage but was in a de facto marital relationship with the multiple-job worker), parents, grandparents and siblings of a multiple-job worker (meaning a multiple-job worker prescribed in Article 7, paragraph (1), item (ii) of the amended Industrial Accident Insurance Act; the same applies hereinafter in this paragraph) who, at the time of the multiple-job worker's death attributable to the work of two or more businesses of the multiple-job worker, were dependent on the multiple-job worker's income and were 55 years of age or older and under 60 years of age (excluding persons prescribed in Article 16-2, paragraph (1), item (iv) of the Industrial Accident Compensation Insurance Act as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) of the amended Industrial Accident Insurance Act who do not fall under Article 16-4, paragraph (1), item (vi) of the Industrial Accident Compensation Insurance Act as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) of the amended Industrial Accident Insurance Act) are, notwithstanding the provisions of Article 16-2, paragraph (1) of the Industrial Accident Compensation Insurance Act as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) of the amended Industrial Accident Insurance Act, for the time being, surviving family members eligible to receive a pension for surviving family of multiple-job workers under the provisions of the amended Industrial Accident Insurance Act. In this case, the phrase "any of the items of the preceding paragraph" in Article 16-4, paragraph (2) of the Industrial Accident Compensation Insurance Act as applied mutatis mutandis pursuant to Article 20-6, paragraph (3) of the amended Industrial Accident Insurance Act is deemed to be replaced with "any of the items of the preceding paragraph (excluding item (vi))", and the phrase "surviving family members eligible to receive a compensation pension for surviving family" in the row for compensation pension for surviving family in Appended Table 1 of the amended Industrial Accident Insurance Act is deemed to be replaced with "surviving family members eligible to receive a pension for surviving family of multiple-job workers (excluding surviving family members prescribed in Article 7, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Employment Insurance Act, etc. (Act No. 14 of 2020) who are under 60 years of age)".
Supplementary Provisions, Article 2, paragraph (1)(労働者災害補償保険法の一部改正に伴う経過措置)Transitional Measures Concerning the Partial Amendment of the Industrial Accident Compensation Insurance ActAdded
With regard to the application of the provisions concerning the scope and order of priority of surviving family members, the extinguishment of the right to receive the pension, and the suspension of the payment, for a compensation pension for surviving family, a pension for surviving family of multiple-job workers and a pension for surviving family under the provisions of the Industrial Accident Compensation Insurance Act for which the grounds for payment arose before the date on which this Act comes into effect (hereinafter referred to as "the effective date") (including the cases where those provisions are applied with the terms replaced pursuant to the provisions of Article 43, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Industrial Accident Compensation Insurance Act (Act No. 130 of 1965; referred to as the "1965 Industrial Accident Insurance Amendment Act" in Article 15 of the Supplementary Provisions) prior to the amendment by the provisions of Article 15 of the Supplementary Provisions, Article 5, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Industrial Accident Compensation Insurance Act (Act No. 85 of 1973; referred to as the "1973 Industrial Accident Insurance Amendment Act" in Article 21 of the Supplementary Provisions) prior to the amendment by the provisions of Article 21 of the Supplementary Provisions, or Article 7, paragraph (1) of the Supplementary Provisions of the Act Partially Amending the Employment Insurance Act, etc. (Act No. 14 of 2020) prior to the amendment by the provisions of Article 24 of the Supplementary Provisions), the provisions then in force continue to govern.
Supplementary Provisions, Article 2, paragraph (2)(労働者災害補償保険法の一部改正に伴う経過措置)Transitional Measures Concerning the Partial Amendment of the Industrial Accident Compensation Insurance ActAdded
With regard to the amount of a compensation pension for surviving family, a pension for surviving family of multiple-job workers and a pension for surviving family under the provisions of the Industrial Accident Compensation Insurance Act for the period before the effective date, the provisions then in force continue to govern.
An association that, at the time this Act comes into effect, has actually received the approval set forth in Article 35, paragraph (1) of the Industrial Accident Compensation Insurance Act prior to the amendment by the provisions of Article 1 is deemed to have received, on the effective date, the approval set forth in Article 35, paragraph (1) of the Industrial Accident Compensation Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the "new Industrial Accident Insurance Act").
An application for approval under the provisions of Article 35, paragraph (1) of the Industrial Accident Compensation Insurance Act prior to the amendment by the provisions of Article 1 that has actually been filed at the time this Act comes into effect is deemed to be an application for approval under the provisions of Article 35, paragraph (1) of the new Industrial Accident Insurance Act.
With regard to a request for administrative review concerning a disposition, or a failure to act on it, relating to the implementation of a project equivalent to the projects specified by Cabinet Order referred to in Article 38, paragraph (1) of the new Industrial Accident Insurance Act, that was made before the effective date, the provisions then in force continue to govern.
With regard to the extinctive prescription of the right to receive insurance proceeds under the provisions of the Industrial Accident Compensation Insurance Act arising from an accident that occurred before the effective date due to an illness equivalent to the illness specified by Cabinet Order referred to in the proviso to Article 42, paragraph (1) of the new Industrial Accident Insurance Act, the provisions then in force continue to govern.
When five years have elapsed after this Act comes into effect, the government is to review the status of enforcement of the provisions of the respective Acts as amended by this Act, and if it finds it necessary, is to take the required measures based on the results.
(i) In cases where a disability compensation pension, illness or injury compensation pension or compensation pension for surviving family is paid, and for the same reason (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 illness in the case of an illness or injury compensation pension, respectively; the same applies hereinafter), a disability employee's pension under the provisions of the Employees' Pension Insurance Act and a disability basic pension under the provisions of the National Pension Act (excluding a disability basic pension under the provisions of Article 30-4 of the National Pension Act; the same applies hereinafter) or an employee's pension for surviving family under the provisions of the Employees' 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 prescribed in the lower columns by the rate specified by 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) through (c) respectively (if the amount thus obtained is less than the amount specified by Cabinet Order, the amount specified by 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 Employees' 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 Employees' 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 Employees' 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) Illness or injury 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 "illness or injury compensation pension"
(ii) In cases where a disability compensation pension, illness or injury compensation pension or compensation pension for surviving family is paid, and on the same grounds, a disability employee's pension or employee's pension for surviving family under the provisions of the Employees' 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 Cabinet Order as being equivalent to the rate specified by 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 Cabinet Order, the amount specified by Cabinet Order)
(iii) In cases where a disability compensation pension, illness or injury compensation pension or compensation pension for surviving family is paid, and for the same reason, 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)): the amount obtained by multiplying each of the amounts set forth in the lower columns by the rate specified by Cabinet Order as being equivalent to the rate specified by 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 Cabinet Order, the amount specified by 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: the basic daily payment amount for 313 days
(ii) person with a Grade 2 disability: the basic daily payment amount for 277 days
(iii) person with a Grade 3 disability: the basic daily payment amount for 245 days
(iv) person with a Grade 4 disability: the basic daily payment amount for 213 days
(v) person with a Grade 5 disability: the basic daily payment amount for 184 days
(vi) person with a Grade 6 disability: the basic daily payment amount for 156 days
(vii) person with a Grade 7 disability: the basic daily payment amount for 131 days
Compensation pension for surviving family
The amount prescribed in each of the following items according to the number of surviving family members having 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 the right specified in the respective items
(i) One: the basic daily payment amount for 153 days; provided, however, that in the case where the wife is aged 55 or over or the wife is disabled as specified by Order of the Ministry of Health, Labour and Welfare, the basic daily payment amount for 175 days
(ii) Two: the basic daily payment amount for 201 days
(iii) Three: the basic daily payment amount for 223 days
(iv) Four or more: the basic daily payment amount for 245 days
Illness or injury compensation pension
(i) person with a Grade 1 injury/illness: 313 days of the basic daily benefit amount
(ii) person with a Grade 2 injury/illness: 277 days of the basic daily benefit amount
(iii) person with a Grade 3 injury/illness: 245 days of the basic daily benefit amount