I hereby give My sanction to the Laborer's Accident Compensation Insurance Law for which the concurrence of the Imperial Diet has been obtained and cause the same to be promulgated. Signed:HIROHITO, Seal of the Emperor This fifth day of the fourth month of the twentysecond year of Showa (April 5, 1947) Countersigned: Prime Minister YOSHIDA Shigeru Minister of Welfare KAWAI Yoshinari Minister for Home Affairs UEHARA Etsujiro Minister of Finance ISHIBASHI Tanzan Law No.50 LABORER'S ACCIDENT COMPENSATION INSURANCE LAW Contents Chapter 1. General Provisions Chapter 2. Commencement and Expiration of the Insurance Effect Chapter 3. Insurance Benefits and Insurance Arrangements Chapter 4. Premiums Chapter 5. Demand for Investigation, Petition and Lawsuit Chapter 6. Miscellaneous Provisions Chapter 7. Penal Regulations Supplementary Provisions Laborer's Accident Compensation Insurance Law Chapter I. General Rules

Article 1. The object of Laborer's Accident Compensation Insurance shall be to provide laborers with prompt and equitable protection against their injury, disease, invalidity or death due to causes of occupational accidents or diseases and to make necessary arrangements for the welfare of laborers.

Article 2. Laborer's Accident Compensation insurance shall be taken charge of by the Government.

Article 3. In this Act, the undertaking that falls under any one of the following items shall be the undertaking of compulsory application: 1. Following undertakings that employ more than five laborers steadily: (a) Undertaking of making, destroying or dissecting for the purpose of manufacturing, reconstructing, working and repairing, multiplying, assorting, packing, decorating, finishing and tailoring, or that of altering materials (including undertakings of originating, altering or transmitting electricity, gas or every sort of power, and that of water-works.) (b) Undertakings of mining, glacer-mining, quarrying, and other undertakings of collecting soil and ore. (c) Undertakings of transporting passengers or goods by road, railway, tramway, cable or aircraft. 2. Following undertakings that employ one or more laborers steadily or employ more than 300 men in total number within a year: (a) Undertakings of building, reconstructing, preserving repairing, altering, destroying, taking a part of works buildings, and other construction, or preparing for such. (b) Undertakings of dealing with goods in docks, ships quays, wharfs, stations, or warehouses. (c) Undertakings of lumbering standing trees, afforestation and producing charcoal and firewood, and other undertakings concerning forests. 3. Other undertakings designated by Imperial Ordinance. Undertakings that are provided for in Art.8 of Labor Standard Law and are outside the provision stipulated in the previous paragraph, and offices (hereafter the term undertaking shall be construed to include all types of offices.) shall be undertakings of voluntary application. This Law shall not apply to undertakings directly managed by the State, by Government officials or Public officials or undertakings that employ only the members of a family living in the same household, or seamen Who come under the application of the Seamen's Law.

Article 4. For the purpose of deliberating important matters concerning the operation of Laborer's Accident Compensation Insurance, Laborers'Accident Compensation Insurance Advisory Committee shall be established. As for the members of Laborers'Accident Compensation Insurance Advisory Committee, the same number of the members of the representatives for laborers, employers, and those who represent public interest shall be entrusted by the competent Minister Besides the matters stipulated in the preceding paragraph, necessary matters regarding Laborers'Accident Compensation Insurance Advisory Committee shall be fixed by ordinance.

Article 5. The Draft of ordinance to be issued under this Law shall be referred to hear the opinion of Laborers'Accident Compensation Insurance Advisory Committee.

Chapter II. Commencement and Expiration of the Insurance Effect

Article 6. The Insurance effect shall commence, on the day of start of the undertaking in the case of the employer whose undertaking is compulsory under Art.3, par.1, or on the day that undertaking begins to come under Art.3, par.1.

Article 7. The Insurance effect shall commence, on the day when the government gives its sanction, in the case of the employer of the undertaking that comes voluntarily to be insured under Art.3, par.2. In case the greater part of employees working at the undertaking of voluntary application desire to make the employer join this insurance, the employer of the undertaking shall make a proposal for joining under the preceding paragraph.

Article 8. In case a master contractor (construction industry) subcontracts to subcontractors, only the master contractor shall be an employer coming under this Act.

Article 9. When compulsory undertaking prescribed in Art.3, par.1, begins to come under the provision of Art.3, par.2, concerning undertaking of voluntary application, sanction under Art.7 shall be regarded as having been given on the next day regarding the undertaking.

Article 10. In case the undertaking, with respect to which the insurance has been in effect, is abolished or expired, the insurance effect of the undertaking shall expire on the next day of the abolishment or expiration of the undertaking.

Article 11. Irrespective of the preceding Article, so far as the employer with respect to which the insurance has been in effect in accordance with Art.7 and Art.9 is concerned, the insurance effect shall end on the next day of sanction being given by the government. However, in order to get the said sanction both of the following conditions shall be met, that is, at the time a year shall have elasped after insurance effect is formed, and the approval of the greater part of laborers employed in said undertaking shall be obtained.

Chapter III. Insurance Benefit and Insurance Arrangement

Article 12. Scope of this insurance benefits shall be the following compensation for accidents or occupational diseases: 1. Compensation for medical treatment (A part of expenses for medical treatment that exceeds the amount provided in Ordinance.) 2. Compensation for stoppage of working (60% of average wage) per day of stoppage which is over 7 days of stoppage. 3. Compensation for injury (according to Separate Table.) 4. Compensation for bereaved family (1,000 times average wages.) 5. Compensation for funeral rites.(60 times average wages.) 6. Compensation for a lump sum payment (1,200 times average wages.) The benefits of this Article correspond mutatis mutandis to those provided in Articles 75 to 81 of Labor Standards Law. Regarding compensation for medical treatment under item 1 of the preceding paragraph, the Government may make a benefit of medical treatment instead of paying for it, according to the provisions of Ordinance. The average wage of paragraph 1 means the average wage described in Labor Standards Law, Art.12.

Article 13. The scope of compensation against medical treatment shall be as follows, in case of the compensation for medical treatment provided in preceding Art., par.1 or the benefit of medical treatment provided in the said Art. par.2: 1. Medical examination. 2. Supply of medicines or materials for medical treatment. 3. Medical aid, operation and other treatments. 4. Receiving into a hospital or a sanitarium. 5. Nursing. 6. Transference. Expenses of medical treatments under the preceding paragraph shall be limited to those considered as necessary by the Government.

Article 14. In case persons who are eligible to receive stoppage compensation under Art.12, par.1 receive a whole or part of wages from employers the Government may not pay a whole or a part of stoppage compensation for the term that person has received wages, as provided by Ordinance.

Article 15. The insurance benefit money under the provision of Art.12, par.1 shall be paid directly to the laborer who is entitled to receive compensation, or in case of his or her death to the bereaved family or persons whose living depends upon his or her income.

Article 16. Compensation for injury, compensation for a survivor and compensation for a lump sum payment shall be paid periodically according to the regulations of the Ordinance during the term fixed by Ordinance. However, the competent Minister may, in accordance with Ordinance when considered necessary, provide that the provision of the preceding paragraph shall not be complied with.

Article 17. When the employer with respect to whom the insurance is in effect (hereinafter called a member of the insurance) has made a false statement regarding important matters forming the basis of calculation of premiums or payment of insurance benefit money, the Government may not pay a whole or a part of insurance benefit money.

Article 18. When a member of the insurance has neglected payment of the premium on purpose or by grievous fault, the Government may not pay a whole or a part of insurance benefit money for an accident that occurrs during such delayed period at the undertaking which fails to pay the premium.

Article 19. When a member of the Insurance has given rise to the accident accompanying compensation on purpose or by a grievous fault, or a person to be compensated is injured or suffers from sickness due to occupation, the Government may not pay a whole or a part of insurance benefit money.

Article 20. When the Government has granted benefits in the case of an accident caused by an act of a third party, the Government acquries the right due to the person who has been granted compensation to demand damages against the third party according to the limit of the benefit sum.

Article 21. The right to receive insurance benefit money shall not be transferred or attached.

Article 22. State-taxes and other taxes shall not be levied against money and commodities supplied as insurance benefits.

Article 23. The Government shall execute the following insurance arrangements regarding accidents and occupational diseases on duty of undertakings covered by this insurance: 1. Arrangements for medical aid required after surgical operation. 2. Arrangements concerning supply of artificial limbs. 3. Arrangements concerning recuperation or medical care. 4. Arrangements concerning vocational re-education. 5. Other arrangements considered to be necessary.

Chapter IV. Premiums

Article 24. The Government shall collect premiums from the members of the Insurance to meet the expense required for the undertaking of Laborer's Accident Compensation Insurance.

Article 25. The insurance-premium shall be the sum of the total amount of wages multiplied by the insurance-rate of the undertaking. The total amount of wages under the preceding paragraph shall be the total amount of wages, salaries, allowances and all other pays as payment for work regardless of its name paid to workers from the employer.(except wages that are paid over an interval of more than 3 months, and those payments that are provided for by Ordinance.)

Article 26. The insurance-rates shall be fixed by the competent Minister per yen of wages classified into several classes on the basis of the rate of accidents that have occurred in the several industries coming under this Law during the past five years.

Article 27. In case the rate of accidents for the past five years in any undertaking that employs more than 300 laborers at ordinary times is considerably higher or lower compared with the rate of accidents of other undertakings in the same class, provided in the preceding Article the Government shall apply different premium-rates from the rate provided in the preceding Article.

Article 28. A member of the Insurance shall pay approximate sum of premium, calculated through multiplication of expected total wages for all laborers to be employed from April 1 to March 31 of the follow year annually (hereinafter to be called compensation year;all laborers to be employed from date of joining to end of compensation year with regard to the member who joined the compensation or a certain intermediate date of the compensation year), within 30 days from April 1 (date of joining with regard to the member who joined the compensation or a certain intermediate date of the compensation year). A member of the Insurance of the undertaking having a limited anticipated life shall pay the estimated premium being the estimated total amount of wages to be paid to all laborers who are employed during its whole period, multiplied by the premiumrate within 14 days from the day of joining, the Insurance. A member of the insurance may, on application pay the estimated premiums described in the preceding two paragraphs, in installments as Ordinance regulates.

Article 29. In case the estimated total amount of wages under the preceding Article is changed, or in case of other necessity, the Government may order additional payment of the estimated premium.

Article 30. In case the estimated premium paid in under the provision of the preceding two Articles is more or less than the determined premium under the provision of Art.25 when the end of March, each year, comes, or the member of the Insurance ceases to be covered, the Government shall return the premiums or collect additional premium. The premium returned under the preceding paragraph may be applied to the estimated premium for the next term of the undertaking. The Government, in these cases, shall notify the purport to the member of the insurance.

Article 31. In case there are persons who fail to pay assessments, such as and others, as provided under the provision of this Law the Government shall. press for payment with a time limit. The Government shall, when it presses under the provision of the preceding paragraph, forward demand-notes to the obligers of payment. In this ease amounts fixed by Ordinance shall he collected as pressing-fees. In case one who has been pressed for under the provision of par.1 does not pay assessments, such as a premium or other, as provided under the provisions of this Law, the Government shall deal with the case according to precedents for failure to pay national taxes.

Article 32. When pressing has been made according to the provision of the preceding Article, the Government shall, at the rate of 4 sen per day per 100 yen of assessment-amount, collect interest for each day from the next day after the term of payment to the day before the day of full payment of assessments or attachment of property. However, in case an assessment and a pressing-fee have been paid in full within the term designated in the demand-note and in cases where Ordinance determines this provision shall not be applied.

Article 33. The order of the preferential right of assessments, such as premiums and others, under the provisions of this Law shall follow assessments of a city, town, village, and other agency corresponding to these, and precede other public levies.

Article 34. Regarding delivery of papers concerning, assessments, such as premiums and other, under the provisions of this Law. the provisions of Art.4, Section 7, and Art.4, Section 8 of National Taxes Collection Law shall be applicable.

Chapter V. Demand for Investigation, Petition and Lawsuit.

Article 35. In case of objection to settlement of benefits, demand for investigation may be made to the Insurance Referee. In case of objection to his decision, demand for investigation may be made to Insurance Examining Board, and in case of objection to the decision of the latter a lawsuit may be instituted in a lawcourt. Demand for inspection mentioned in the preceding paragraph shall be regarded as judicial demand in connection with the interruption of prescription.

Article 36. Insurance Referee may make investigation with authority whenever necessary. When necessary for investigation Insurance Referee may ask the opinion of Government officials or other public officials who have decided upon insurance benefits, or make the member of the insurance or a person entitled to benefits to make a report or present himself, or may cause medical practitioners to diagnose or to make examination.

Article 37. In case of institution of an appeal referring to the levy of assessments, such as premiums and others, under the provision of this Law, or forced collection, the competent Minister shall give the decision through the investigation of the Insurance Examining Board.

Article 38. As for the members of Insurance Examining Board, the same numbers of the representatives for laborers, employers and those representing the public interest shall be appointed by the competent Minister.

Article 39. The Insurance Referee or the Insurance Examining Board when considered necessary for investigation, may question witnesses and expert witnesses, and make other evidential examination. With regard to evidential examination the provisions concerning evidential examination under the Code of Civil Procedure and those of Art.9, and Art.11 to Art.13 of the Code of Civil Procedure Expenses shall be applied with necessary modifications. However, with regard to evidential examination made by the Insurance Referee or the Insurance Examining Board, no fine must be imposed nor detention ordered.

Article 40. Demand for an appeal, or hearing or petition shall be made within 60 days from the date of receiving notification of disposition or a written decision. In this case, Art.8, par.3 of Petition Law as for request of investigation, Art.158, par.2, and Art.195 of the Code of Civil Procedure as for institution of a law-suit shall be applied with necessary modification.

Article 41. Except the matters stipulated in this Chapter, necessary matters regarding the Insurance Referee or the Insurance Examining Board shall be fixed by Ordinance.

Chapter VI. Miscellaneous Rules

Article 42. Rights to collect assessments, such as premiums and other, under the provision of this Law or to receive their return and the insurance-benefit shall be cancelled by prescription after the lapse of two years. In reference to interruption, suspension and other matters of prescription under the preceding paragraph, provisions concerning prescription under the Civil Code shall be applied with necessary modifications. Notification to collect assessments, such as premiums and other, under the provisions of this Law, made by the Government as provided for in Ordinance shall come into force regardless of the provision of Art.153 of the Civil Code.

Article 43. Concerning calculation of periods of time provided for in this Law or an Ordinance issued according to this Law, the provisions concerning calculation of periods of time under the Civil Code shall be applied with necessary modification.

Article 44. Stamp-duty shall not be imposed on documents concerning Laborer's Accidents Compensation Insurance.

Article 45. Concerning the laborers'census registration, the administrative office or one to receive the insurance-benefit may demand free certificate of a registrar or his substitute.

Article 46. The administrative office may, as provided in Ordinance, make a person who employs laborers present documents concerning necessary matters, and make him attend to other business required for the enforcement of this Law or make himself attend to the office.

Article 47. The administrative office may, as provided in the Ordinance, make a laborer who is employed in the undertaking which is under the application of this Law present a statement, a report, a document necessary for the execution of the Insurance, or attend to the office.

Article 48. The administrative office may, if deemed necessary, make the competent government or public official inspect the place where the undertaking, subject to this Law is performed, and make him put questions to the persons concerned or examine books and documents.

Article 49. When the administrative office deems it necessary the administrative office may have the competent official inspect records on medical treatment and related documents.

Article 50. Details concerning the enforcement of this Law shall be provided by the Ordinance.

Chapter VII. penal Regulations

Article 51. The competent official or persons who were formerly in that capacity, on revealing without reason the occupational and private secrets of doctors and dentist acquired through the inspection of medical matters in accordance with the regulation of Art.49 shall be condemned to a penal servitude not exceeding 6 months or a fine not exceeding 5,000 yen. Other officials or those formerly in office on revealing without reason the secrets mentioned in the preceding paragraph acquired through the execution of official duty are condemned in the same manner as in the preceding paragraph.

Article 52. In case a member of the insurance comes under one of the following items, he shall be condemned to penal servitude not exceeding six months or a fine not exceeding 10,000 yen. 1. In case he refuses to make a report in accordance with the provisions of this Law, makes a false report, refuses to present documents, or does not attend to the office. 2. In case he refuses to answer to the inquiries of the competent government or public official as decided in this Law, makes a false statement, rejects, hinders, or evades the inspection.

Article 53. In case a person, other than a member of the insurance, who is to receive the insurance benefits and other persons concerned come under one of the following items, they shall be condemned to penal servitude not exceeding six months or a fine not exceeding 5,000 yen. 1. In case they refuse to make a report, a statement or a notice in accordance with the provisions of this Law, make a false report, statement or notice, refuse to present documents, or refuse to attend to the office. 2. In case they refuse to answer the inquiries of the competent government or public official as decided in this Law, make a false statement, reject, hinder or evade the inspection.

Article 54. In case the agent, representative, or employee of a person, or of a juridical person, committed illegal act of the preceding two Articles concerning business of juridical persons or person, besides the said juridical person or person who shall be liable to a fine provided in those Articles, the person committing the act shall also be punished.

Supplementary Provisions:

Article 55. The date of enforcement of this Law shall be fixed by Imperial Ordinance.

Article 56. The insurance-rate during the first 5 years after the enforcement of this Law shall be fixed by the competent Minister per yen of wages classified into several grades, after conferring with Laborer's Accidents Compensation Insurance Advisory Committee notwithstanding the provision of Article 26.

Article 57. The Laborer's Accident Relief Liability Insurance Law shall be abolished. As regards the insurance-benefit against an accident which occurred and the premium belonging to a period before the enforcement of this Law the old Law shall be applied. As regards the punishment of the person who should have come under the rules of the punishment of the old Law which was enforced before this Law, the old Law shall be applied. The person who has closed an insurance with the Government with regard to Laborer's Accident Relief Liability Insurance may after the enforcement of this Law apply the premium belonging to the term after enforcement of this Law to the premium of this Insurance. Necessary matters at the time of abolishment of the old Law besides those provided for in the preceding three paragraphs, shall be fixed by Imperial Ordinance.

Separate Table Classification Compensation for Injury 1st Grade 1,340 times average wages of Art.12 of Labor Standard Law 2nd Grade 1,190 times,, 3rd Grade 1,050 times,, 4th Grade 920 times,, 5th Grade 790 times,, 6th Grade 670 times,, 7th Grade 560 times,, 8th Grade 450 times,, 9th Grade 350 times,, 10th Grade 270 times,, 11th Grade 200 times,, 12th Grade 140 times,, 13th Grade 90 times,, 14th Grade 50 times,,