Can I receive compensation under the Industrial Accident Insurance Act even if I was at fault during work?

Industrial accident insurance under the Industrial Accident Insurance Act is a system in which insurance benefits are paid if recognized as a work-related disaster regardless of the worker's negligence.

In other words, even if there was some carelessness on the part of the worker in the accident, if a substantial causal relationship with the work is recognized, you can receive medical care benefits, temporary leave benefits, disability benefits, etc., according to the Industrial Accident Insurance Act.

This is characterized by a wider scope of compensation compared to private accident insurance, including disability and survivor pensions, re-treatment, and rehabilitation services.

However, industrial accident insurance benefits are standardized amounts calculated based on average wages and do not compensate for the entire actual damage.

Accordingly, only when there is intent or negligence on the part of the employer can civil damages be claimed separately from industrial accident insurance benefits.

However, since the amount already received as civil damages is deducted from the industrial accident insurance benefits, in practice, it is generally advantageous to first claim insurance benefits under the Industrial Accident Insurance Act and then review civil litigation if there are insufficient parts.

In addition, when industrial accident insurance benefits are paid, the disaster compensation responsibility under the Labor Standards Act for the same reason is exempted.

Therefore, it is important to respond strategically through legal review of the circumstances of the accident and the location of responsibility.