Damages for Industrial Accidents

A civil lawsuit begins with the filing of a complaint.

The complaint should include the following.

According to Supreme Court precedent, losses are divided into the following three categories.

▪Active losses

-Treatment expenses (excluding the portion covered by medical care benefits), future treatment expenses, the cost of purchasing assistive devices, nursing care expenses, and similar items

▪Passive losses

-Lost income: the full amount during the treatment period, and after treatment concludes, the loss-of-earning-capacity rate is reflected

-After the retirement age, the calculation is based on statistical wages

Lost retirement benefits are also included

▪Mental losses (consolation money)

These are claimed as damages for the mental suffering caused by the accident

The final amount of loss is calculated by taking into account comparative negligence (the worker's own fault) and the offsetting of profit and loss (such as benefits received through industrial accident insurance).

Let us review the points that require attention when pursuing industrial accident damages.

▶The issue of comparative negligence:

If the worker bears some responsibility, the amount of damages may be reduced.

▶Deduction of industrial accident insurance received:

Insurance benefits already received are deducted when calculating the damages award.

▶Multiple responsible parties:

When there are various responsible entities such as the ordering party, the prime contractor, and the subcontractor, quasi-joint and several liability may apply.

▶The need for a medical appraisal:

Whether after-effects or disability exist must be proven through a physical examination by an appraiser designated by the court.

▶The need for expert assistance:

Because legal and medical knowledge operate together, the assistance of an expert is practically necessary.

1. Fatal accidents

In the case of a fatal accident, the heirs bring the claim for damages, and consolation money, funeral expenses, lost income, lost retirement benefits, and mental losses are the subject of the claim. When there are several surviving family members, the method of distributing consolation money is also important.

In addition, in the case of a fatal accident, if the employer violated safety and health measures, criminal punishment for violation of the Occupational Safety and Health Act may proceed concurrently, and this can be used as a basis for proving intent or gross negligence in the civil lawsuit.

2. Permanent disability and long-term treatment

Where a permanent disability remains, the loss-of-earning-capacity rate is determined through the results of a physical examination, and future treatment expenses, nursing care expenses, and the cost of assistive devices are also included as items of damages.

Depending on the degree of disability, the form of the claim must be assessed strategically between a lump sum and an annuity, and complex factors such as estimated income, life expectancy, the working-life period, and the inflation rate affect the calculation.

An industrial accident civil lawsuit is not upheld simply by asserting the facts of the accident; the key is specific proof of the employer's negligence.

-Securing evidentiary materials:

Selecting materials with probative value, such as the industrial accident investigation report, the Ministry of Employment and Labor investigation materials, appraisal opinions, and the results of work environment measurements

-Preparing a professional appraisal:

Securing a specialist's appraisal report on matters such as the physical examination, the assessment of working capacity, and the need for future treatment

-Consulting on the calculation of damages:

Calculating lost income and retirement benefits through collaboration with a tax accountant or a labor attorney

-Court response and establishing a litigation strategy:

Constructing the reasoning to respond to disputes over the negligence ratio, and conducting the litigation with the final appeal in mind.

Industrial accident damages is a very important exercise of rights from the standpoint of the worker's recovery and the guarantee of the right to subsistence.

However, in order to realize compensation for loss through a civil lawsuit, the key is not merely an emotional appeal but the systematic preparation of evidentiary materials and the presentation of legal arguments.

When responding alone is realistically difficult, working together through the entire process, from the initial consultation to strategy development, responding to the physical examination procedure, and conducting the litigation and settlement negotiations, with an attorney experienced in industrial accident matters is the shortest path to securing a worker's rights and interests.

When necessary, strategies such as determining whether the employer holds liability insurance, judging the starting point of the extinctive prescription, and securing property through provisional attachment before proceeding with the lawsuit should also be pursued concurrently, and a combined review of civil and criminal matters can be a practical means of response.

Our firm has civil litigation attorneys with extensive experience and expertise in industrial accident and damages litigation who analyze cases closely, accurately calculate the facts of the accident and the amount of loss, and provide a legal response strategy.

We also collaborate with evidence investigation specialists to systematically collect the evidence needed to prove the physical and mental harm suffered by the victim, and we provide support so that the litigation can be conducted favorably.