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I am curious about industrial accident death lawsuits.
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Hello. I have a question related to industrial accident death. A while ago, my father fell at a construction site, resulting in an industrial accident death. The whole family is in great shock, and we do not know how to respond. The company says it will provide compensation through industrial accident compensation insurance, but I heard from coworkers that when my father was working there were hardly any facilities such as fall-prevention measures or safety railings, and there was hardly any safety training either. In such a situation, I am curious whether I can separately make a civil claim for damages against the company, and whether the company can be held liable under the Occupational Safety and Health Act or the Serious Accidents Punishment Act. I would also like to know what compensation can be received separately from industrial accident insurance and what legal procedures I should follow going forward.
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Answer to Related Inquiry
Author: 고병준
Hello, I will answer your question related to an industrial accident death.
First, where a worker dies in an industrial accident, the bereaved family can receive industrial accident insurance compensation, such as funeral expenses and survivors' benefits, through the Korea Workers' Compensation and Welfare Service.
However, if the employer violated its duty of care through, for example, inadequate safety equipment or negligent management, a civil claim for damages can be made separately.
In this case, a claim for damages including consolation money, lost income, and funeral expenses is possible.
In addition, if a violation of the duty to take safety measures under the Occupational Safety and Health Act or a violation of the duty of the management official under the Serious Accidents Punishment Act is recognized, the company or the management official may face criminal punishment.
For your future response, it is important to secure sufficient materials, such as the industrial accident investigation report, on-site photos, witness statements, the employment contract, and pay statements.
In addition, because the employer is likely to respond strongly in the compensation negotiations or litigation procedures, it is necessary to prepare the civil and criminal procedures together by consulting an attorney specializing in labor and industrial accidents.
In particular, calculating the amount of damages for a death caused by an industrial accident is the most difficult part.
At Daeryun Law LLC, specialized attorneys who have handled many industrial accident death cases within the firm collaborate with labor attorneys affiliated with the firm to provide one-stop legal services for calculating the amount of damages and responding to civil and criminal litigation.
We recommend that you visit the nearest Daeryun branch office to receive a consultation.
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