Chapter VIII Accident Compensation

①If a worker sustains an injury or contracts an illness at work, the employer must furnish the necessary medical treatment at its expense, or must cover the expenses of any necessary medical treatment.

②Order of the Ministry of Health, Labour and Welfare prescribes the range of occupational illnesses and of medical treatment provided for in the provisions of the preceding paragraph.

①If a worker does not receive wages because the worker is unable to work due to medical treatment under the provisions of the preceding Article, the employer must pay compensation for that absence from work at the rate of 60 percent of the worker's average wage, while they are under treatment.

②If the per capita average monthly amount of ordinary wages in each of the periods of January through March, April through June, July through September, and October through December (any such period is referred to below as a "quarter") that would be paid to workers at the same workplace who are engaged in the same type of work as the worker receiving compensation for an absence from work pursuant to the preceding paragraph if they worked the prescribed working hours (or, for a workplace where less than 100 workers are ordinarily employed, that quarter's average monthly amount, per worker, for salaries paid on a monthly basis in the industry to which that workplace belongs, as provided in the Monthly Labor Survey compiled by the Ministry of Health, Labour and Welfare; whichever amount applies is referred to below as the average salary) exceeds 120 percent of the average salary during the quarter, that includes the day on which the worker in question sustained an injury or contracted an illness at work, or falls below 80 percent of that amount, the employer must revise the amount of compensation for absence from work which is payable to the worker in question pursuant to the preceding paragraph, in accordance with that rate of increase or decrease two quarters after the quarter in which the increase or decrease occurred; and the employer must provide the revised amount of compensation for absence from work from the first month of the quarter, that includes the day on which it makes that revision; the same applies to revisions to a previously revised amount of compensation for an absence from work.

③Order of the Ministry of Health, Labour and Welfare prescribes the means of making revisions when it is difficult to do so, pursuant to the provisions of the preceding paragraph, and provides for other necessary particulars regarding revisions under the provisions of that paragraph.

If a worker has sustained an injury, or has contracted an illness at work, and has a physical disability after recovery, the employer must pay compensation for that disability in the amount obtained from the average wage multiplied by the number of days stated in Appended Table 2 according to the degree of that disability.

If a worker sustains an injury or contracts an illness at work due to gross negligence on their part, and the employer has had that negligence acknowledged by the relevant government agency, the employer is not obligated to pay compensation to that worker for any absence from work or any resulting disabilities.

If a worker has died at work, the employer must pay compensation to the bereaved family equivalent to 1,000 working days at the average wage.

If a worker has died at work, the employer must pay an amount equivalent to 60 working days at the average wage, as funeral expenses to the person managing the funeral rites.

If a worker receiving compensation pursuant to the provisions of Article 75 fails to recover from an injury or illness within 3 years from the date of commencement of medical treatment, the employer may pay compensation for discontinuation of that medical compensation, equivalent to 1,200 working days at the average wage; thereafter, the employer does not need to pay compensation under the provisions of this Act.

If an employer demonstrates the ability to pay and obtains the consent of the person entitled to compensation, in lieu of the compensation under Article 77 or Article 79, the employer may pay compensation every year for six years, in the amount arrived at when the average wage is multiplied by the number of days stated in Appended Table 3.

①The right to receive compensation is unaltered by the worker's leaving employment.

②The right to receive compensation must not be transferred or seized.

①If payments equivalent to accident compensation provided for in this Act are to be made under the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947) or under any other law or regulation designated by Order of the Ministry of Health, Labour and Welfare regarding grounds for accident compensation provided for in this Act, the employer is exempt from the liability for providing compensation under this Act.

②If an employer has provided compensation under this Act, it is exempt from liability for damages under the Civil Code based on the same grounds, up to the amount of that compensation.

①A persons who objects to an acknowledgment regarding an injury, illness, or death at work; to the means of medical treatment; to the determination of the amount of compensation; or to anything concerning the implementation of that compensation, may file a petition with the relevant government agency for an administrative review or for case arbitration.

②If finding it necessary, the relevant government agency may undertake an administrative review, or arbitrate a case on its own authority.

③If a civil action has been filed regarding a case for which a person has filed a petition for administrative review or arbitration, pursuant to paragraph (1), or regarding a case for which the relevant government agency has commenced an administrative review or arbitration pursuant to the preceding paragraph, the relevant government agency does not conduct an administrative review or arbitration relating to that case

④If finding it necessary to do so for an administrative review or arbitration, the relevant government agency may have a physician make a diagnosis or perform an examination.

⑤With regard to the postponement of completion and the renewal of prescription, an application for administrative review or arbitration under the provisions of paragraph (1) and the commencement of administrative review or arbitration under the provisions of paragraph (2) are deemed to be a judicial claim.

①A person who is dissatisfied with the results of an administrative review or arbitration under the provisions of the preceding Article may petition for an administrative review or arbitration by an industrial accident compensation insurance examiner.

②The provisions of paragraph (3) of the preceding Article apply mutatis mutandis when a person has filed a petition for an administrative review or arbitration pursuant to the provisions of the preceding paragraph.

①If a business prescribed by Order of the Ministry of Health, Labour and Welfare is carried out based on multiple levels of work contracts, the main contractor is deemed to be the employer regarding accident compensation.

②In the case referred to in the preceding paragraph, if the main contractor has by a written contract had a subcontractor assume liability for compensation, that subcontractor also constitutes an employer; provided, however, that the main contractor must not have two or more subcontractors assume liability for compensation regarding the same business.

③In a case referred to in the preceding paragraph, if the main contractor has received a request for compensation, it may request that a demand for compensation first be made to the subcontractor that has assumed liability for compensation; provided, however, that this does not apply if the subcontractor has become subject to an order commencing bankruptcy procedures or is missing.

Order of the Ministry of Health, Labour and Welfare prescribes the details of compensation beyond what is provided for in this Chapter.