An accusation was filed against me with the labor office. Is workplace harassment also recognized as an industrial accident?

Hello. I am an industrial accident attorney at Daeryun Law LLC.

First, you must have been quite alarmed by the accusation to the labor office.

In the case of the stress you mentioned, it seems to be a matter concerning an occupational disease, so I will explain the criteria for recognizing an occupational disease.

First, occupational diseases under Article 37 of the Industrial Accident Compensation Insurance Act are as follows.

▶ A disease that arises from handling, or being exposed to, factors that may impair a worker's health in the course of work, such as chemicals, dust, pathogens, and work that places a burden on the body

▶ A disease caused by an occupational injury

▶ A disease caused by occupational mental stress resulting from workplace harassment, abusive language from customers, and the like

You may feel that it is difficult to prove the causal relationship between the work and the disease for an occupational disease.

Accordingly, Article 34 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act specifies the criteria for recognizing an occupational disease.

▶ The causal relationship between the occupational injury and the disease is recognized medically

▶ The symptom is not one that arose spontaneously from an underlying condition or a preexisting disease

If all of these requirements are met, an occupational disease can be recognized.

If you feel wronged by the accusation to the labor office, I recommend responding to the case based on an attorney's legal advice.