I am preparing to file an industrial accident lawsuit.

I will provide an answer regarding preparation for an industrial accident lawsuit.

With respect to industrial accidents, compensation under industrial accident insurance through the Korea Workers' Compensation and Welfare Service is provided according to fixed standards, but this is an institutional compensation paid regardless of whether the business owner was at fault.

By contrast, the industrial accident lawsuit you mention, a civil claim for damages, is an additional claim for the entire amount of the damages actually incurred, based on the business owner's fault, such as a violation of the duties under the Occupational Safety and Health Act.

The procedure is as follows.

1. Establishing the facts and securing evidence: You secure materials such as the accident report, materials from the Korea Workers' Compensation and Welfare Service, photographs, statements from on-site witnesses, police investigation materials, and expert-appraisal requests. In particular, concrete materials on the inadequacy of safety measures (failure to install fall-prevention nets, failure to conduct training, and the like) become key evidence.

2. Calculating the damages: In addition to hospitalization and treatment costs, you must comprehensively calculate future treatment costs, nursing costs, lost earnings, and consolation money for emotional distress.

3. Filing the civil lawsuit: You file a claim for damages with the competent district court.

A point to note is that, in a damages lawsuit, the plaintiff must prove the employer's fault, the causal relationship with the accident, and the scope of the damages.

Without the legal assistance of an expert, the lawsuit can be very difficult and prone to delay.

Therefore, it is advisable to proceed with an industrial accident lawsuit strategically, in cooperation with an attorney who has ample experience in industrial accident litigation.

At Daeryun Law LLC, an attorney specializing in industrial accidents collaborates with in-house labor attorneys to provide one-stop legal services, from securing evidence and calculating damages to drafting the complaint, beginning with the initial consultation.