1. Workers’ compensation due to overwork in 2020

According to statistics provided by Ministry of Labor’s Bureau of Labor Insurance (BLI), in 2020, a total of 184 claims were filed to BLI for work-related cardiac and cerebrovascular diseases (CCVDs). The BLI ultimately approved 78 of the total 184 claims, with a 42.39 percent approval rate.

Among the total 184, nearly half of them (82) had claims temporary disability benefits for work-related CCVDs, followed by permanent disability benefits, and death benefits.

Among the 82 cases, 37 of them or 45.12 percent later approved by the BLI. 33 claimed permanent disability benefits due to work-related CCVDs, 72.72 percent or 24 of them later approved by the BLI. Meanwhile, among the 69 claimed death benefits due to work-related CCVDs, only 17 of them or 24.64 percent later approved by the BLI.

The relatively low percentage for those who successfully filed compensation for death benefits due to work-related CCVDs could be the result of difficulty in presenting evidence to prove the correlation between the two.

After all, the worker who died could no longer present his or case in person. His or her surviving family could only collect all the evidence they could find but it would be really hard to prove that the person’s death is the direct result of occupational hazard.

In terms of work-related mental disorders, in 2020, 29 claims were filed to BLI for compensation. Among them, only 11 of or 37.93 percent, approved by the BLI. Among the total 29, more than half of them (17) had filed claims temporary disability benefits caused by work-related mental disorders, followed by permanent disability benefits, and death benefits.

Among the 17 cases, 7 of them or 41.18 percent later approved by the BLI. 8 claims filed permanent disability benefits due to work-related mental disorders, 50 percent or 4 of them later approved by the BLI. Meanwhile, none of the 4 claims death benefits due to work-related mental disorders later approved by the BLI.

Over all, the number of claimed mental disorders cases was low and even fewer of the approval rate for compensation of these cases in 2020. 

2. Trend analysis on a year-on-year basis over overworked related occupational hazard compensation claims

Looking back over the past decade, we can see that the compensation claims over work-related CCVDs has reached its peak in 2012 with 384 cases. The number has continued to drop since then, until the compensation claim number dropped to 184 in 2020 or a 52.08 percent of decline, comparing with the number in 2012.

The number of approved case also peaked in 2012 with 92 cases. The number dropped to 68 in 2013 and stood between 60 to 80 in following years. Also, the application approval rate also slightly increased over the years from 23.96 percent in 2012 to 42.39 percent in 2020.

Among the approved cases, the number of cases of temporary disability and permanent disability compensation has no significant changes over the year while the cases of death caused by work-related disease has seen a drop over the past years.

In terms of work-related mental disorders, the number of compensation claims have steadily increased over the past two years. The number of claims stayed around a dozen cases starting 2012 before reaching its peak in 2019 and 2020 with 29 cases each.

Given the relatively small number of claims over the past decade, however, it is meaningless to compare the percentage of case increase. Also, the number of claims that later approved by the BLI has also steadily increased from the 21.43 percent in 2012 to 37.93 percent in 2020. However, there is still only single digit numbers of approved cases each year.

3. Trend analysis on a year-on-year basis

As shown in the above mentioned paragraphs, there is no major change between the compensation claim approval numbers over the past years. If we look at the working hours in Taiwan over the past five years, we can also see that, with exception of the effectiveness of the Labor Standards Act (勞動基準法) capping weekly work hours at 40 starting 2016, that there is no major difference between the working hours in Taiwan between 2017 to 2020.

Meanwhile, among the 78 cases approved by the BLI in 2020 on compensation claim due to work-related CCVDs, most of the victims (of overwork) work in support service sector.

A majority of them work as private security, followed by those working in the manufacturing and those in transportation/storage businesses. Those working in the three sectors made up about 71 percent of all 78 cases approved in 2020.

In 2020, one case worthy mentioning is the death of 29-year-old editor of the Facebook page maintained by the Jinshan District Office in New Taipei City.

He worked as a contract employee for the district office and was responsible for regularly updating Facebook and other social media pages of the district. He was also responsible for live-streaming all public schedules of the district chief and did video post-production as well. 

According to his family, he regularly overworked and only received a meager monthly income of NT$24,000, which is the basic income stipulated by laws in Taiwan. On Aug. 4, he was found dead at his home and his family members suspected overwork was the main cause of death. The incident has drawn public attention to overwork issue of public servants in Taiwan.

Over all, there are very few claims for work-related mental disorders in the past years. Each year only less than 30 claims were filed and only less than 10 of them were approved. 

However, according to statistics provided by the Ministry of Health and Welfare, in 2019, there are as many as 1.39 million people in Taiwan using anti-depression medications.

According to previous findings in Australia, 13.2 percent of depression in men and 17.2 percent in women is due to job strain. If we use the Australia study as a benchmark, there should be at least 10 percent among the 1.39 million people in Taiwan using anti-depression medications, or around 140,000 people, has work-related depressions.

However, the estimated number has a huge gap with the actual number of people filing compensation claim for work-related disorders in Taiwan. This shows the fact that either Taiwanese people have little understanding of mental disorders caused by their work or it is difficult to find evidence to support the claim that their mental disorders are work-related.

Currently, there are still a large number of workers do not know that work-related mental disorders is entitled to file for compensation claim. Also, discrimination against people with mental disorders is still widespread in Taiwan and most people believe the person with mental disorders has only him or herself to blame.

Therefore, many labors who have mental issues have second thoughts in taking legal action to protect their own rights.

Meanwhile, it is really difficult to find evidence to prove there is a direct link between one’s mental disorders with his or her occupation and sometimes it has to take at least six months to undergo required evaluation before determination can be made.

Many labors did not have the leisure to file for occupational hazard determination when he or she is still fighting with their own mental disorders. A lot of them would choose to resign.

The above mentioned factors have led to the fact that government statistics can hardly reflect the seriousness of work-related mental disorders in Taiwan, which is harmful for workers’ rights and lead to little understanding on the issue in Taiwan society.