(1) State compensation is defined as such: the State shall be liable for any damage arising from the intent or negligent act of any employee of the Government acting within the scope of his or her office or employment, which infringes upon the freedom or right of any person; and, for damage to any person's life, body, or property resulting from a defect in the installation or management of any government-owned public facility.
(2) Causes for recovering state compensation
A. The State shall be liable for any damage arising from the intent or negligent act of any employee of the Government acting within the scope of his or her office or employment, which infringes upon the freedom or right of any person.
B. The same shall be applied when the damage results from the omission of any employee of the Government.
C. And for damage to any person's life, body, or property resulting from a defect in the installation or management of any government-owned public facility.
(3) Claimant
A. The victim
B. Parents, children (including those unborn), and spouses of the victim
C. Persons covering funeral costs
D. Dependents for whom the victim is legally responsible
(4) Compensation recovery statute of Extinctive Prescription
A. Within two years of the claimant's awareness of injuries
B. Within five years from the occurrence of the injuries
(5) Compensating authority
A. The agency to which the employee belong
B. The one that installs or manages the public facility
(6) Recovery procedure: In order to recover compensation under this Law, a written application shall be made to the relevant compensating authority.
Where the compensating authority refuses to pay compensation, or to negotiate within thirty days from the date of the receipt of the application, or if negotiations cannot be concluded within sixty days, the claimant may bring a suit for compensation.
(7) Contact information:
TEL: (06) 2991111#8194
FAX: (06) 2982360
File a Claim
(1) Application for State Compensation: specify the reason for the claim, the amount of compensation you wish to recover, a detailed description of the injury, the nature and extent of your loss, and sign or stamp your personal
chop on the form (downloadable at: http://www.tainan.gov.tw/legal/page.asp?nsub=H3A300)
(2) Identification (your household registration transcript, the formal copy of your household registry, a photocopy of the front and back of your identification, or other forms of identification. For injuries involving motor vehicle accidents, please attach the photocopy of the front and back of your vehicle license and driver's license.)
(3) Evidence of damages
A. Proof of damages (including medical records, diagnoses, documentation of the accident, police reports of the accident, accident evaluation reports, adjudication reports, photographs of the accident scene, memos, descriptions of the road, traffic, and weather conditions, etc.)
B. Documentation of compensation recovery (including the formal copy of your medical bills)
(4) Letter of Authorization by the principal for the agent (those without an agent do not need to present a letter of authorization.
For an e-copy of the authorization letter, please visit http://thbu2.thb.gov.tw/web/message/indemnification.html)
Note: Should the compensating authority be any of the organization affiliated with the Tainan City Government, including departments, commission, bureaus, centers, offices, schools, the police department, the fire department, district health offices, the local tax bureau, the environmental protection bureau, district offices, household registration offices, or the land office of Tainan City, please specify accordingly on the claim recovery application, and deliver all requisite documentations to the compensating authority).