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Is an accident that occurs outside the workplace also recognized as an occupational accident?
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Hello. I was in an accident while handling work during a visit to an outside client at the company's direction. The place of the accident was not the company's workplace but overlapped with a route I personally used, so can it still be recognized as an occupational accident in this case? I would like to know whether it might be difficult to file for industrial accident compensation because it could be seen as a personal accident.
Occupational accident
Answer to Related Inquiry
Author: 고병준
If certain requirements are met, an accident that occurs outside the workplace can also be recognized as an occupational accident.
If a worker, while performing work outside the workplace at the employer's direction or out of business necessity, suffers injury, disability, or death due to an accident, this in principle constitutes an occupational accident, and relief through industrial accident compensation insurance is available.
However, not all external accidents are recognized as occupational accidents.
In the following cases, there is a high likelihood that it will not be regarded as an occupational accident.
• An accident occurring during an act that departs from the employer's specific instructions
• An accident occurring during a private activity unrelated to work
• An accident occurring while deviating from a normal business trip or travel route
If, due to the nature of the work, a worker has no fixed place of work, the scope of work is regarded as extending from the time work begins until leaving after it ends.
If, in this process, an injury or disability occurs or death results from an accident, it can be recognized as an occupational accident.
As such, even for an accident that occurs outside the workplace, whether it constitutes an occupational accident can change when the existence of a work instruction, the relevance to the performance of work, and the circumstances of the accident are comprehensively reviewed.
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Naewon Kwak
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