Day-labor industrial accident… I have been subjected to an unfair lawsuit..

Hello, an attorney specializing in industrial accidents will provide an answer.

You have inquired about a day-labor industrial accident.

In the situation you described, it is assessed that a legal response is needed, and a prompt response through retaining an attorney is recommended.

Under the Industrial Accident Compensation Insurance Act, a 'worker' includes a person who performs work under the direction and supervision of an employer, regardless of the form of employment.

That is, a day laborer may also be subject to industrial accident insurance if they suffer an accident during work at the site, and this can be compensated through the Korea Workers' Compensation and Welfare Service, separately from whether the employer is liable.

The issue is where, in addition to industrial accident compensation, a civil claim for damages (an industrial accident lawsuit) is filed.

In this case, damages liability arises only when the employer's 'breach of the duty of care', such as failure to provide safety equipment or inadequate hazard prevention measures, is recognized.

Therefore, it is necessary to accurately review whether there were appropriate safety measures and training at the site and how the accident occurred, and it is important to secure materials that can objectively prove this.

You may wish to seek help from an attorney experienced in many cases involving day-labor industrial accidents and respond accordingly.