Labor Lawyer | Client Burned While Working Part-Time and Denied Medical Costs Wins a Claim for Damages

2024.11.04김국일

The labor law attorney filed a claim for damages on behalf of the client, who sought a labor attorney after sustaining burns while working a part-time job and not receiving even the cost of treatment. The labor law attorney won the case.

1. The Client Who Sought a Labor Lawyer

This is the account of a client who consulted a labor law attorney.

The client said that they had worked part time at a bar, with their main duties consisting of serving customers, waiting tables, and cleaning the hall, five or more days a week.

On the day of the incident, the bar owner had placed oil on the kitchen burner to make fried food. While the owner was drinking with customers, the oil caught fire, and a blaze broke out.

The client, who was the first to discover the fire, approached to put it out and suffered third-degree or more severe burns on their hand.

The client requested medical expenses and other costs from the owner but received nothing at all.

Meanwhile, although similar incidents had occurred several times at this bar, the owner took no separate measures, and similar situations were repeated.

Accordingly, the client visited Daeryun to file a claim for damages for the burns sustained in the accident that occurred during work.

2. The Claim for Damages Handled by the Labor Lawyer

The labor law attorney proceeded to file a 🔗claim for damages on behalf of the client.

Having been delegated full authority over the client's litigation, the attorney submitted a complaint containing the following purport of the claim.

1. The defendant shall pay the plaintiff 31,500,000 won, together with the amount calculated at the annual rate of 12 percent from this sum until the date of full payment.

2. The costs of litigation shall be borne by the defendant.

The Liability for Damages Reviewed by the Labor Lawyer

The labor law specialist attorney examined the liability for damages of the bar owner in this case.

Supreme Court Decision 97Da12082, decided February 23, 1999

As a collateral duty incidental to the labor contract under the principle of good faith, an employer bears a duty of protection to take necessary measures, such as maintaining the physical environment, so that the employee's life, body, and health are not harmed in the course of providing labor, and where the employee suffers damage as a result of a breach of this duty of protection, the employer is liable to compensate for such damage.

As the employer, the bar owner should bear liability for damages arising from non-performance of obligations, in that he failed to fulfill the duty of protection for the safety of his employee.

The Defense of the Client Handled by the Labor Lawyer

The labor law attorney represented the client's position and argued as follows.

At the time this incident occurred, the client was within working hours, employed by the owner of the bar and providing labor.

Because fires caused by oil had occurred several times in the kitchen before, the owner could have sufficiently foreseen that a similar accident might occur.

Nevertheless, the owner did not provide the client with adequate safety training and did not furnish protective equipment.

Accordingly, the owner failed to fulfill the duty of protection and the duty of care for safety that were required in the course of the client's provision of labor.

The owner avoided responsibility without offering the client a single sincere word of apology, leaving the client with no choice but to file suit.

As a result of this incident, the client developed depression and even underwent psychiatric treatment.

Because the client suffered burns close to the third degree as well as psychological harm from this accident, the owner bears liability to compensate for the related damages.

3. The Judgment Received by the Labor Lawyer's Client

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After hearing the submissions of a labor law attorney, the court issued the following judgment in the client's case.

1. The defendant shall pay the plaintiff 31,500,000 won, together with interest calculated at an annual rate of 12% until the date of full payment.
2. The costs of the litigation shall be borne by the defendant.

With the assistance of the labor law attorney, the client was able to receive fair compensation for the loss.

Whether working part-time, on a fixed-term contract, or in a permanent position, a worker who suffers harm while providing labor should receive fair compensation from the employer, yet this is often not honored.

If, like the client in this case, you need to obtain compensation for a loss arising from an accident that occurred during your work, you may entrust your case to a labor law attorney.

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