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How to apply for Workers’ Compensation in Japan (1)

What is Industrial Accident Compensation Insurance (or 労災 Rosai)?

When employees get injured while they are working or commuting to their work places or get ill due to work, it can be regarded as Industrial Accident and they can apply for workers’ compensation called Industrial Accident Compensation Insurance or 労災(Rosai).

About the scope of Industrial Accidents, please refer to the following article.

How to apply for Workers' Compensation in Japan? (3)Sometimes it's difficult to judge whether your injury or illness is ...

It is really important for employees to know about this compensation because it covers not only their medical expense but also about 80% of salary while they can’t work due to such injury or disease.

Regardless of nationality, every employee including part-time workers can apply for Industrial Accident Compensation.

Benefits of Industrial Accident Compensation Insurance

Many people knows that Industrial Accident Compensation Insurance covers medical expense and salary. But it is not widely known that there are many other benefits you can receive. So, let’s quickly look at all of the benefits together.

Medical Compensation Benefit (療養補償給付):

This is compensation for medical expense for the treatment of injury or ill due to Industrial Accident.

Temporary Absence from Work Compensation Benefit (休業補償給付):

This is compensation for your wage during your absence caused by Industrial Accident.

Injury and Disease Compensation Pension (傷病補償年金):

This is a benefit which employees can receive if their injury or ill due to Industrial Accident are not cured within 1 year and 6 months from the beginning of medical treatment and their symptom is still regarded as serious condition according to certain criteria.

Disability Compensation Benefit (障害給付):

This is a benefit which employees can receive if the remaining symptoms of their injury or ill due to Industrial Accident after receiving some medical treatment is regarded as serious condition according to certain criteria.

Nursing Care Benefit (介護給付):

This is compensation for the expense of nursing care for recipient of Injury and Disease Compensation Pension or Disability Compensation Benefit.

Survivors’ Benefit(遺族給付):

This is the benefit which their bereaved family can receive when employees die due to Industrial Accident.

Funeral Rites Benefit (葬祭料):

This is compensation for the deceased worker’s funeral expenses.

When companies are not supportive

When an Industrial Accident occurs, company usually support the employee’s application for workers’ compensation as their legal obligation. However, some employers are not cooperative or even try to hide the occurrence of the accident.

One reason for such employer’s attitude is because they want to avoid investigation by labor standard inspection office to be conducted after the application. Another reason is because they want to avoid future dispute with employees over the liability for the accident. To be clear, it is illegal that employers hide Industrial Accidents.

From leaflet of MHLW about hiding industrial accidents

 

If your employer does not support your application, then what you can do?  In such case, you can apply for it yourself without assistance of their employers by informing labor standard inspection office that your employer is not supportive.

There is guidelines issued in various languages and you can ask how to write an application form at labor standard inspection office, although their English communication skill may not be very good. Again, cooperating with employee’s application for workers’ compensation is company’s obligation. So you can request to your company for cooperation as much as necessary.

In the next article, we’ll explain the process to claim for Workers’ Compensation.

How to apply for Worker's Compensation in Japan? (2) If a worker is injured while working or commuting to work or b...