精神疾病與雇主之職業災害補償及民事賠償責任

Mental Diseases, Workers’ Compensation, and Civil Liability for Damages: Comments on the (100) Lao-Su No. 1 Decision Rendered by the Taiwan Banciao District Court

精神疾病是否屬於職業災害補償之範圍，於我國向有爭議。勞委會近年來雖正式將精神疾病納入職災勞保給付的範圍，然實際上獲得給付的案例十分有限，且雇主對於因工作壓力引起精神疾病之勞工是否應負勞基法上的職災補償責任或民法上的損害賠償責任仍有疑義。

Whether mental diseases are compensable is an important issue in the workers’ compensation system in Taiwan. According to the Labor Insurance Act, work-related mental diseases shall be considered as oc-cupational diseases. However, coverage for mental diseases is usually denied; therefore, the validity of the standard, the guideline of identify-ing work-related stress-induced mental diseases, is doubted. Besides, whether employers should pay compensation according to the Labor Standards Law, whether employees have the right to recover damages according to Civil Law, and the relationships among the Labor Insur-ance Act, the Labor Standards Law and Civil Law are also controversial issues.