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Must compensation for industrial accident damages necessarily be provided?

Hello. I am a business owner who operates one small factory. Some time ago, an employee was injured while working, so I reported it to the Korea Workers' Compensation and Welfare Service, received industrial accident processing, and he is currently resting. Saying that his injury was also partly the company's fault, he is demanding compensation for industrial accident damages. Since the industrial accident has already been recognized by the State and he received compensation, I am curious whether I must additionally provide damages.

compensation for industrial accident damages

industrial accident lawsuit

Answer to Related Inquiry

Author: 고병준

You have asked about compensation for industrial accident damages. I imagine you were quite surprised by the employee's demand for damages.

Because the cause of the industrial accident is not clearly stated, a precise answer is difficult, but it is advisable to first identify the cause of the relevant industrial accident and then seek a method of responding to the compensation for industrial accident damages.

The Occupational Safety and Health Act specifies the safety measures of the business owner.

The duty to take the necessary measures to prevent industrial accidents caused by hazards lies with the business owner.

However, if these measures are not taken and an industrial accident occurs, this may lead not only to liability for compensation for industrial accident damages but also to criminal punishment.

If the safety measures are not implemented, imprisonment for not more than 5 years or a fine of not more than 50 million won may be imposed, so please be even more careful.

If the employee files a civil lawsuit for compensation for industrial accident damages, proving that this industrial accident occurred due to the company's fault acts as an important element of the lawsuit.

Therefore, to prepare for an industrial accident damages lawsuit, it is important to confirm whether the company has grounds of fault and then set countermeasures accordingly.

Because such a legal problem may be difficult to handle alone, I recommend that you prepare systematically with legal advice from a serious accidents attorney.