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An employee suffered a traffic accident; must I process it as a commuting industrial accident?

Hello. I am a business owner who runs a small and medium-sized manufacturing company. A few days ago, one employee was injured in a traffic accident on the way to work, and says they will file an industrial accident claim with the Korea Workers' Compensation and Welfare Service. However, the company thinks that, because it was not an accident during work but an accident during the employee's personal commute, it does not seem to be subject to industrial accident coverage. Even in such a case, must the company process it as a commuting industrial accident? I am also curious whether the standard differs when an accident occurs while using a commuter bus operated by the company.

commuting industrial accident

Answer to Related Inquiry

Author: 고병준

An accident that occurs during a commute is also recognized as an occupational accident (a commuting accident) under the Industrial Accident Compensation Insurance Act if it meets certain requirements.

With the 2018 amendment of the law, whereas in the past only accidents within working hours were recognized as industrial accidents, the scope of recognition has now expanded to include accidents that occur during a commute by an ordinary route and method.

What is important from the business owner's standpoint is whether the accident occurred unavoidably in the course of a work-related commute.

In other words, even if it is simply outside working hours, if it is a commute for the purpose of work, there is a possibility of recognition as an industrial accident.

Therefore, if an employee suffered an accident while commuting by their usual route and time, there is a high possibility of recognition as a commuting industrial accident even if they used a private car.

By contrast, if the accident occurred while deviating from the route for personal errands or during travel unrelated to the purpose of commuting, it is difficult to regard it as an occupational accident.

In addition, in the case of an accident while using a commuter bus or shuttle bus provided by the business owner, because this is a state under the business owner's control and management, it is clearly recognized as a commuting industrial accident.

If an employee suffers an accident during a commute, the business owner must first take measures so that the employee can receive treatment.

In addition, when filing the industrial accident report with the Korea Workers' Compensation and Welfare Service, the business owner must accurately state the facts in the confirmation field as required.

At this time, because the Service determines whether the accident occurred during a work-related commute, care must be taken not to arbitrarily minimize or conceal the facts.

Where the determination of whether it is an industrial accident is ambiguous, it is safest to handle it with the advice of a labor attorney or an attorney specializing in industrial accidents.