I have a question about industrial accident absence benefits.

Yes, I will answer regarding the payment of consolation money in addition to industrial accident absence benefits.

Industrial accident absence benefits are paid during the period when the worker loses income due to medical treatment, and are calculated based on '70% of the average wage per day'.

If a worker is receiving medical care benefits and absence benefits under industrial accident insurance due to an industrial accident, this is compensation under the public insurance system, so the employer has no legal obligation to separately pay consolation money.

The Industrial Accident Compensation Insurance Act is a system to compensate for the worker's medical expenses and losses due to absence, so the employer is generally exempt from liability for damages.

However, exceptionally, if it is proven that the accident occurred due to the employer's violation of safety measure obligations under the Occupational Safety and Health Act, the worker can separately file a civil claim for damages.

In this case, additional compensation can be requested for portions not compensated by industrial accident insurance, such as lost income and consolation money, and during this process, settlement requests in the name of consolation money are sometimes made.

However, demanding excessive consolation money in a state where legal liability has not been determined has no compulsory force, and the employer is not obligated to comply.

If the worker is strongly demanding consolation money payment and giving notice of a damages claim, it is important to closely review the circumstances of the accident, the employer's legal liability, and response plans by receiving advice from an attorney specializing in industrial accidents and damages.

Please respond with the help of a specialist attorney.