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Would this be a case that qualifies as a commuting industrial accident?
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Hello, I would like to ask about a commuting industrial accident. Recently, one of our employees had a traffic accident on the way to work. I assumed that was that, but the employee said it qualifies as a commuting industrial accident and, in addition, that he would file an industrial accident lawsuit. In my view, this person seems to have simply been injured somewhere else. I feel quite wronged. Would it be best to first consult a specialized attorney?
commuting industrial accident
industrial accident
Answer to Related Inquiry
Author: 고병준
Yes, in the situation you described, the key issue is whether the accident that occurred during commuting qualifies as a 'commuting accident' under the Industrial Accident Compensation Insurance Act.
An accident that occurs while a worker is commuting by an ordinary route and method is recognized as an occupational accident.
Because a bicycle is regarded as an ordinary means of transportation, if you had an accident while commuting home along a route and at a time that you have ordinarily used, it may be included as a subject of industrial accident compensation.
Ordinary commuting must meet the following: ▲it must be a movement whose starting point or end point is a residence, such as one's home, and a place of employment, such as a company or a factory; ▲the commuting act must take place in order to engage in work or after finishing work; and ▲the commuting act must correspond to an 'ordinary route and method' under generally accepted social norms.
However, if the worker deviated from the route for personal reasons or an accident occurred while engaging in a private act, it may not be recognized as an occupational accident.
The issue lies in proving how the accident actually occurred, and where, apart from the industrial accident claim, a lawsuit claiming damages (an industrial accident lawsuit) is also filed, matters such as whether the employer violated its safety obligations and the actual state of commuting management may be disputed.
Therefore, in order to accurately determine whether this qualifies as a commuting accident and to establish civil liability, we recommend a prompt consultation with an attorney experienced in industrial accidents and damages.
Because the initial response can directly affect the scope of liability later, we suggest that you begin by securing materials related to the commuting industrial accident and organizing the facts.
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Kuk Il KIM
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Experience as chief prosecutor of Seoul Central District Prosecutors' Office and head of Goyang Branch of Uijeongbu District Prosecutors' Office

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Experience as a prosecutor at the Busan High Prosecutors' Office and chief prosecutor at the Seoul Western District Prosecutors' Office
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