受僱醫師過勞職業災害之救濟

How to judge if the accidental illness is due to long-term occupational overwork or not when an employed doctor’s illness symptoms outbreak during his duty performance? If that is the case, how shall the employed doctor seek to civil relief since an employed doctor is not a protected individual under Labor Stander Law? In the case of the litigation raised by Dr. Tsai, who was once employed by Chi Mei Medical Center, this article aims to discuss the definition of overwork, the legal contract between an employed doctor and a medical center, and the benchmark of civil claims when occupational hazards are related to overwork. In June 2016, the Ministry of Health and Welfare announced that, before year 2020, all the employed doctors will be under the protection of Labor Stander Law. Then, it will take times to observe if the protection will reduce the accidental illness caused by overworking and will it provides de jure protection for an employed doctor.