面臨COVID-19威脅的醫療照護工作者──談職業傷病認定與權益補償【本期企劃】 試閱
Healthcare Workers Threatened by COVID-19: Recognition and Compensation of Occupational Injury and Illness
自2019年新冠肺炎疫情爆發至今,世界各地的千萬名醫療照護工作者暴露於感染風險之下。臺灣雖然疫情控制良好,卻也有兩起醫療機構群聚感染,凸顯醫療人員於疫情之下感染風險高,而需要完善隔離休假與薪資補償等措施以維持醫療體系之運作。本文首先分析我國醫師依其受僱身分別對於職業因素感染疾病的影響,說明同樣在醫療場域工作卻可能因為僱傭契約之性質不同而有不同的職災保障。其次,本文比較我國及外國對於職業相關生物性傳染疾病認定的法規與實務操作,認為我國應可依風險高低類型化職業病之認定,提供更明確的標準俾利雇主與受僱者參考。在全球疫情走向尚不確定的此時,應給予與疫情奮戰的醫療照護人員明確的職災保障。
Since the COVID-19 outbreak in 2019, millions of healthcare workers have been exposed to the risk of infection. Although the pandemic has not reached Taiwan in full, there has also been two episodes of nosocomial infection. This shows that a comprehensive protection for healthcare workers including paid sick leave should be contemplated for those working under high risk. This article first analyzes the different categories of employed doctors according to their employers, labor contracts, and whether they are protected by the labor standards act. Our analysis shows that doctors of different categories will receive different levels of payment if they are infected with COVID-19 at work. Secondly, we compared the regulations and practices of determining occupational infectious disease in Taiwan and different countries. We suggest that Taiwan should stratify healthcare workers according to levels of risk to introduce more specific standards for occupational infectious disease determination. The government should provide adequate legal protection for healthcare workers who are risking their lives battling the pandemic.
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