Act for Protecting Worker of Occupational Accidents Article 6

When a worker not participating in the labor insurance scheme but suffered an occupational accident is not compensated by the employer concerned in accordance with provisions of Labor Standards Act, the worker may with reference to the standards of Labor Insurance Act apply for disability or death subsidies of occupational accident in accordance with the minimum grade of insured salary.The subsidy referred to in the preceding Paragraph shall be deducted from the amount of compensation already paid by the employer concerned.Residual physical impairment of an applicant for disability subsidy in accordance with Paragraph 1 shall conform to the items and benefit standards of category 1 to category 10 as set forth in the Disability Benefits Payment Schedule of labor insurance scheme.When the employer concerned compensates an occupational accident in accordance with the provisions of Labor Standards Act, subsidy referred to in Paragraph 1 may be deducted.
中文原文 職業災害勞工保護法第6條
未加入勞工保險而遭遇職業災害之勞工,雇主未依勞動基準法規定予以補償時,得比照勞工保險條例之標準,按最低投保薪資申請職業災害失能、死亡補助。
前項補助,應扣除雇主已支付之補償金額。
依第一項申請失能補助者,其遺存障害須符合勞工保險失能給付標準表第一等級至第十等級規定之項目及給付標準。
雇主依勞動基準法規定給予職業災害補償時,第一項之補助得予抵充。

English translation for reference only; the Chinese text prevails. Not legal advice.