Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

I am preparing to file an industrial accident lawsuit.

Legal IntellectualViews9,051

Hello, I am preparing to file an industrial accident lawsuit. Recently, my son suffered an accident at his company and is hovering between life and death. I was told that he fell while working at a construction site. It was found that safety installations such as fall-prevention nets had not been properly set up, so criminal punishment is being imposed; separately from that, I would like to proceed with an industrial accident lawsuit for the damages. I would like to know the specific way to proceed.

industrial accident lawsuit

industrial accident

industrial accident damages

A

Answer to Related Inquiry

I will provide an answer regarding preparation for an industrial accident lawsuit.

With respect to industrial accidents, compensation under industrial accident insurance through the Korea Workers' Compensation and Welfare Service is provided according to fixed standards, but this is an institutional compensation paid regardless of whether the business owner was at fault.


By contrast, the industrial accident lawsuit you mention, a civil claim for damages, is an additional claim for the entire amount of the damages actually incurred, based on the business owner's fault, such as a violation of the duties under the Occupational Safety and Health Act.


The procedure is as follows.


1. Establishing the facts and securing evidence: You secure materials such as the accident report, materials from the Korea Workers' Compensation and Welfare Service, photographs, statements from on-site witnesses, police investigation materials, and expert-appraisal requests. In particular, concrete materials on the inadequacy of safety measures (failure to install fall-prevention nets, failure to conduct training, and the like) become key evidence.


2. Calculating the damages: In addition to hospitalization and treatment costs, you must comprehensively calculate future treatment costs, nursing costs, lost earnings, and consolation money for emotional distress.


3. Filing the civil lawsuit: You file a claim for damages with the competent district court.


A point to note is that, in a damages lawsuit, the plaintiff must prove the employer's fault, the causal relationship with the accident, and the scope of the damages.


Without the legal assistance of an expert, the lawsuit can be very difficult and prone to delay.


Therefore, it is advisable to proceed with an industrial accident lawsuit strategically, in cooperation with an attorney who has ample experience in industrial accident litigation.


At Daeryun Law LLC, an attorney specializing in industrial accidents collaborates with in-house labor attorneys to provide one-stop legal services, from securing evidence and calculating damages to drafting the complaint, beginning with the initial consultation.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney Naewon Kwak

Naewon Kwak

T. 070-5117-2950

Seoul Central District Court judge, Seoul Administrative Court judge experience

Attorney Jong Hun HAN

Jong Hun HAN

T. 070-7510-2016

Experience as a public interest member of the Gyeongnam Regional Labor Relations Commission

Attorney KwangDeok Kim

KwangDeok Kim

T. 070-7510-2018

Ministry of Employment and Labor Legal Administration Team Experience

Attorney InTae BANG

InTae BANG

T. 070-7510-1822

labor lawyer

Attorney June JUNG

June JUNG

T. 070-7510-1822

Performed numerous industrial accident/serious accident consulting tasks

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat