I was injured while working as a day laborer at a construction site. Can I receive compensation through day laborer industrial accident insurance?

Day laborer industrial accidents are covered by industrial accident compensation insurance if certain requirements are met, regardless of the type of employment.

Industrial accident compensation insurance applies, in principle, to all workplaces that employ workers, and day laborers at construction sites are no exception.

If an accident has a substantial causal relationship with the work, it is recognized as a day laborer industrial accident, and the worker can receive insurance benefits under the Industrial Accident Compensation Insurance Act.

The specific types of insurance benefits are as follows

▶ Medical care benefits required for treatment

▶ Temporary disability benefits paid during the period when the worker is unable to work because of treatment

▶ Disability benefits when a permanent impairment remains

▶ Nursing benefits required in severe conditions

▶ Survivors' benefits and funeral expenses paid to bereaved family members in the event of death caused by an accident

▶ An injury-disease compensation annuity when long-term treatment is required

▶ Vocational rehabilitation benefits that support the return to work after an accident

However, in consideration of the special nature of their employment, a special rule applies to the calculation of the average wage for day laborers.

Unlike regular workers, in day laborer industrial accident cases the average wage is calculated by multiplying the actual daily wage by the ordinary work coefficient (73/100), and the various insurance benefits are then calculated on that basis.

This is a system designed to adjust the insurance benefits so that they do not differ excessively from actual income.

In day laborer industrial accident cases, whether the accident is recognized as work-related, how the average wage is calculated, and the causal relationship between the accident and the work often become points of dispute depending on the case, so responding from immediately after the accident is very important.

Receiving comprehensive legal advice from an attorney experienced in industrial accident cases regarding whether the case qualifies as a day laborer industrial accident, the scope of compensation available, and the process of calculating the average wage can help you obtain compensation in a stable manner.