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Legal Intellectual

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Q

Responding to an application for industrial accident compensation... would it be better to retain an attorney?

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Hello, I have a question regarding an application for industrial accident compensation. I am currently studying abroad in the United States. Recently, I heard that a worker was seriously injured at a construction site run by my father. I told my mother to consult with an attorney quickly, since the victim might file something like an application for industrial accident compensation. I am worried about whether my mother will be able to handle it well. It is frustrating because I cannot go to Korea right away. Should I just tell my mother to retain an attorney and respond?

application for industrial accident compensation

industrial accident

A

Answer to Related Inquiry

Yes, in the situation you describe, several laws, such as the Industrial Accident Compensation Insurance Act and the Serious Accidents Punishment Act, may apply, and it appears to be a matter in which an application for industrial accident compensation is also possible.

If a worker was seriously injured while working at a construction site, it is highly likely to be recognized as an industrial accident, and the injured worker can apply to the Korea Workers' Compensation and Welfare Service for benefits such as medical care benefits.

In this case, the business owner must report the occurrence of the industrial accident to the Service without delay and may, depending on the circumstances, also bear civil liability for damages or criminal liability (such as negligent infliction of injury or a violation of the Serious Accidents Punishment Act).

In particular, because legal issues such as whether an on-site safety management system was established and whether accident prevention measures were implemented can become complexly intertwined, from the business owner's standpoint, it is essential to organize the facts and prepare a legal response strategy through a specialized attorney at an early stage.

It appears that your parents will need to take active measures to reduce future legal liability, beyond merely responding to the worker's application for industrial accident compensation.

To this end, we recommend that you retain an attorney with extensive experience in the field of industrial safety to minimize future legal risks.

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