Q
Is this a case where commuting industrial accident applies?
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The company I recently resigned from hasn't paid my salary for several months. At first, they said they'd pay soon due to financial difficulties, but they just keep delaying. Now they barely answer my calls, so I want to file a wage non-payment complaint. But I didn't keep separate pay stubs, and I've also lost the labor contract the company gave me. In this case, can I still file a complaint, and what kind of evidence can prove wage non-payment?
commuting industrial accident
industrial accident
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作者: 고병준
Yes, in the situation you described, the key issue is whether the accident that occurred during commuting falls under 'commuting accident' under the Industrial Accident Compensation Insurance Act.
Accidents that occur during a worker's commute via the usual route and method are recognized as work-related accidents.
Since bicycles are considered ordinary means of transportation, if the questioner had an accident on their way home using their usual route and time, it may be eligible for industrial accident coverage.
Ordinary commuting must satisfy the following: ▲the movement starts or ends at a residence such as home and a workplace such as a company or factory ▲the commuting is for the purpose of engaging in work or after completing work ▲the commuting must follow 'the usual route and method' under social conventions.
However, if the worker deviated from the route for personal reasons or had an accident while engaging in private activities, it may not be recognized as a work-related accident.
The issue lies in proving how the accident actually occurred, and if a damages lawsuit (industrial accident lawsuit) is filed separately from the industrial accident claim, the employer's violation of safety obligations and commuting management practices may become disputed issues.
Therefore, to accurately determine whether the commuting accident applies and the civil liability, we recommend prompt consultation with an attorney experienced in industrial accidents and damages.
Since initial response can directly affect the scope of liability later, please start by securing materials related to the commuting industrial accident and organizing the facts.
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