CONTENTS
- 1. The client who came to the Daejeon industrial accident attorney
- - How the client came to the industrial accident attorney
- 2. The laws related to the case explained by the Daejeon industrial accident attorney
- 3. The assistance provided by the Daejeon industrial accident attorney
- - The industrial accident attorney argued that the defendant bore responsibility for the occurrence of the accident
- - The industrial accident attorney argued that the client had sustained serious bodily injury
- - The industrial accident attorney argued that the client had lost the capacity to work
- 4. The court's decision on the Daejeon industrial accident attorney's arguments
- - If you need the help of an industrial accident attorney
1. The client who came to the Daejeon industrial accident attorney
The client who came to a Daejeon industrial accident attorney held a consultation with the industrial accident attorney at the Daejeon office in order to file a damages lawsuit against the defendant company with the help of an attorney experienced in this field.
How the client came to the industrial accident attorney
The client in this case was working as a street cleaner for the defendant company.
One rainy day, while working as usual, the client slipped from a height and sustained a serious injury.
Having fallen from a height of approximately 2.5 meters, the client sustained serious bodily injury, including quadriplegia and cerebral hemorrhage.
A company has a duty to take the measures necessary to prevent accidents at places where danger is anticipated in the course of performing work.
The defendant neglected this duty and caused serious injury to the client.
Accordingly, together with an attorney experienced in this field, the client sought the assistance of an industrial accident attorney in order to file a damages lawsuit for 🔗an industrial accident.
2. The laws related to the case explained by the Daejeon industrial accident attorney
A business owner must take the necessary measures to protect workers so that their life, body, and health are not harmed.
In addition, a business owner has a duty to take measures and prevent accidents at places where danger is anticipated when workers perform their tasks.
Occupational Safety and Health Act, Article 38 (Safety Measures)
(1) A business owner shall take the measures necessary to prevent industrial accidents caused by any of the following dangers:
1. Danger from machinery, instruments, and other equipment;
2. Danger from explosive, ignitable, and flammable substances, and the like;
3. Danger from electricity, heat, and other forms of energy.
Article 167 (Penal Provisions)
(1) A person who, in violation of Article 38 (1) through (3) (including cases applied mutatis mutandis under Article 166-2), Article 39 (1) (including cases applied mutatis mutandis under Article 166-2), or Article 63 (including cases applied mutatis mutandis under Article 166-2), causes the death of a worker shall be punished by imprisonment for not more than seven years or a fine not exceeding 100 million won.
3. The assistance provided by the Daejeon industrial accident attorney
In order to establish that the defendant company bears liability for damages, the Daejeon industrial accident attorney submitted supporting materials and thoroughly developed a strategy in response.
The industrial accident attorney argued that the defendant bore responsibility for the occurrence of the accident
The client lost balance and fell to the ground while performing work in an unstable posture in a cramped space.
It was emphasized that the defendant should have installed a work platform so that they could perform the work in a stable posture, but took no measures whatsoever, and that this accident therefore occurred and the defendant bears responsibility for its occurrence.
The industrial accident attorney argued that the client had sustained serious bodily injury
The client slipped while performing work at a height and sustained a serious injury.
It was emphasized that, having fallen from a height of approximately 2.5 meters, the client sustained severe serious bodily injury, including quadriplegia and cerebral hemorrhage, must continuously use a ventilator, and is in a condition in which daily life is impossible.
The industrial accident attorney argued that the client had lost the capacity to work
Before the incident, the client was a physically healthy office worker.
However, it was emphasized that, as a result of this accident, the client is suffering unbearable mental anguish and has sustained severe physical injury, completely losing the capacity to work, and that the defendant company therefore has a duty to pay damages to the client.
4. The court's decision on the Daejeon industrial accident attorney's arguments
The court accepted the arguments of the Daejeon industrial accident attorney and rendered a judgment ordering the payment of a total of 90 million won in damages to the plaintiffs.
If you need the help of an industrial accident attorney
The case above was an instance in which the client, with the help of an industrial accident attorney, succeeded in claiming damages.
Unlike ordinary civil and criminal cases, the field of labor involves particular characteristics and complexity.
Daeryun Law Firm develops reasonable strategies according to the issues of each case on the basis of extensive practical experience and expertise.
It also actively assists clients in establishing stable labor-management relations.
If you need the help of an industrial accident attorney in a situation such as this case, please come to Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
