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Please analyze the possibility of industrial accident administrative litigation.

Hello, I would like to request an analysis of the possibility of industrial accident administrative litigation. I have worked at an electronic-parts assembly factory doing cleaning and inspection of semiconductor parts, and I have handled chemicals every day. Since last year, severe fatigue and pneumonia-like symptoms have recurred, and I was ultimately diagnosed with acute myeloid leukemia. I filed an industrial accident claim with the Korea Workers' Compensation and Welfare Service, but it said the causal relationship between the disease and the work was not clear, and I received a decision of non-approval both at the first review and on reconsideration. I am curious about the extent to which work-relatedness might be recognized if the matter goes to administrative litigation, and whether there are any precedents in which a claimant in the same industry with the same disease actually won.

Industrial accident administrative litigation

Administrative litigation

Industrial accident litigation

Answer to Related Inquiry

Author: 고병준

Hello, here is a response regarding industrial accident administrative litigation.

Under the Industrial Accident Compensation Insurance Act, whether an occupational disease is recognized is determined by whether there is 'a substantial causal relationship between the work and the disease,' and where the Service has issued a decision of non-approval, the court re-examines this through administrative litigation.

To pursue industrial accident administrative litigation, you must, together with an attorney experienced in industrial accidents, ascertain the grounds for the Korea Workers' Compensation and Welfare Service's non-approval and identify what arguments and supporting materials are needed to win the industrial accident administrative litigation.

However, because in this process an expert medical opinion, work-environment measurement data, similar judgment precedents, and the like must be meticulously prepared, the assistance of an attorney specialized in the field of industrial accidents is essential.

Therefore, rather than simply filing administrative litigation, a strategic approach is needed in which the circumstances of the disease's onset, the exposure period, the harmfulness of the work environment, and comparisons with similar cases are systematically organized and argued in line with the applicable legal principles.

In particular, in the case of a disease with a complex cause, such as leukemia, the injured person's lifestyle, family history, and underlying conditions can become issues, so medical materials and statements that can rebut these or emphasize the possibility of a work-related cause greatly affect the outcome of the litigation.

Because there is a case in which an industrial accident was recognized for a worker who worked at a semiconductor factory and died of leukemia, if you prepare industrial accident administrative litigation with an attorney experienced in this area, the probability of recognition appears to be high.

We hope you will prepare the industrial accident administrative litigation together with an industrial accident attorney at Daeryun Law LLC.