Under the Industrial Accident Compensation Insurance Act, can I receive compensation even if I was at fault during work?

Industrial accident insurance under the Industrial Accident Compensation Insurance Act is a system in which insurance benefits are paid once an injury is recognized as an occupational accident, regardless of whether the worker was at fault.

In other words, even if the worker's own carelessness played some part in the accident, if a substantial causal relationship with the work is recognized, you can receive medical care benefits, temporary layoff benefits, disability benefits, and the like under the Industrial Accident Compensation Insurance Act.

Unlike private accident insurance, this is distinctive in that its scope of compensation is broad and even includes disability and survivors' pensions, re-treatment, and rehabilitation services.

However, industrial accident insurance benefits are standardized amounts calculated on the basis of average wages, and they do not compensate for the entire actual loss.

Accordingly, only where the employer acted intentionally or negligently can you claim civil damages separately from the industrial accident insurance benefits.

However, because any amount already received as civil damages is deducted from the industrial accident insurance benefits, in practice it is generally advantageous to first claim the insurance benefits under the Industrial Accident Compensation Insurance Act and then consider a civil lawsuit if there is a shortfall.

In addition, once industrial accident insurance benefits are paid, the accident compensation liability under the Labor Standards Act for the same cause is exempted.

Therefore, it is important to respond strategically after a legal review of the circumstances of the accident and where responsibility lies.