The key to winning industrial accident compensation cases is ‘proving the employer’s negligence’

Last year, the number of industrial accident compensation applications and approvals was the highest in nearly 10 years. According to the Korea Workers' Compensation and Welfare Service's status of industrial accident applications and approvals by year (2015-2024), the number of industrial accident applications last year was 173,603, a 6.5% increase from the previous year. The number of approvals also reached 151,753, the highest in 10 years.

Industrial Accident Compensation Insurance is a system in which the Korea Workers' Compensation and Welfare Service pays insurance benefits when a worker suffers an accident while working. If there is a connection between work and the accident, payment is made and is mainly divided into medical expenses, temporary absence benefits, disability benefits, and survivors' benefits. This has the nature of 'no-fault liability', so compensation is provided regardless of the liability, such as the company's negligence in management or the worker's negligence.

In addition to industrial accident compensation, another way to receive compensation is through industrial accident compensation, a civil lawsuit. Unlike industrial accident compensation, industrial accident compensation is an order in which the court orders the company to compensate for an accident caused by the employer's negligence or intent.

Compensation for industrial accident damages can be claimed differently depending on active, passive, and psychological damage. First, active damages include medical expenses used prior to industrial accident treatment and medical expenses that will be used in the future. Passive damages include lost income and severance pay, and mental damages refer to compensation for the worker's mental suffering caused by the disaster.

The most important point here is the negligence of the business owner. Employers have an obligation under the employment contract to take necessary measures to ensure that workers can work safely. If an accident occurs due to the employer's negligence in improving safety devices or working conditions, the amount of compensation is determined in proportion to the negligence. Proof of this must be provided by the worker claiming compensation.

However, even if the business owner is at fault, it is rare for this to be readily acknowledged. In one of the cases I was actually responsible for, there was a case where a restaurant worker filed a lawsuit against the management company. At the time, the worker claimed that he fell due to moisture left on the floor and seriously injured his knee, but the company denied any connection to work, saying the worker suffered the injury while going to the bathroom.

Accordingly, the author emphasized that time spent resolving basic physiological phenomena is included in work hours. In addition, the company was able to receive compensation by expressing the fact that it had not taken any special measures to prevent slipping within the workplace.

In order to successfully claim industrial accident compensation, you must prove that the employer was negligent by obtaining evidence and the circumstances surrounding the accident. However, unlike compensation under industrial accident insurance, civil lawsuits have complicated procedures, and disaster standards may be applied differently for each case. Therefore, it is necessary to approach it carefully and with the help of experts.
 

Small Business Team

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In industrial accident compensation, the key to winning a case is 'proving the business owner's negligence' (Go to)