If a worker suffers an accident under the Industrial Accident Compensation Insurance Act, how should an industrial accident claim be filed?

Hello.

We are very sorry to hear that you suffered an unexpected accident while working diligently at a food service establishment.

The accident you described appears to have occurred during work, under the Industrial Accident Compensation Insurance Act it may constitute an 'occupational accident.'

Therefore, if you go through the appropriate procedures and file an industrial accident claim, you may receive certain compensation, such as medical expenses and temporary layoff benefits.

First, to receive industrial accident compensation, the worker must immediately notify the employer of the occurrence of the industrial accident.

The employer then conducts an internal investigation of the accident and determines whether compensation is warranted.

If the employer recognizes it as an industrial accident, an application for insurance benefits is filed with the Korea Workers' Compensation and Welfare Service, and the Service in turn conducts its own investigation into whether compensation is warranted before deciding whether to make payment.

If the worker considers the Service's decision to be unjust, the worker may request a review again through an objection.

If the worker also disputes that result, the worker may file a suit with the court and pursue industrial accident litigation.

To file an industrial accident claim, you must prepare and submit an industrial accident application form and a statement of reasons, and it is important to describe in detail the specific circumstances and background in which the accident occurred.

In particular, as in the case you described, an accident occurring in a greasy food service environment is considered a case in which a causal relationship with the work environment can readily be asserted.

However, because the procedures and the process of proof for an industrial accident claim and compensation claim can be complex, we recommend that, if possible, you prepare thoroughly with the help of an attorney specializing in industrial accidents.

We wish you a speedy recovery.