Q
I was injured while working as a daily worker at a construction site. Can I receive compensation through daily worker industrial accident insurance?
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A trade dispute suddenly arose during transactions with overseas buyers. The other party is refusing payment claiming contract violation over delivery conditions and quality standards in the contract, and is pressuring us about anti-dumping and origin violation possibilities for some quantities, claiming problems could arise at local customs clearance. In trade disputes like this, in what order should companies respond, and when contract disputes, customs issues, and tariff/trade regulation issues are intertwined, what legal response strategy should be set up? Also, if there are items to be checked before going to lawsuit or arbitration, I'd like to know.
daily worker industrial accident
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Autor: 고병준
Daily worker industrial accident coverage applies regardless of employment type, as long as certain requirements are met under the Industrial Accident Compensation Insurance Act.
In principle, industrial accident compensation insurance applies to all workplaces that employ workers, and daily workers at construction sites are no exception.
If the accident has a substantial causal relationship with the work, it can be recognized as a daily worker industrial accident and the worker can receive insurance benefits under the Industrial Accident Compensation Insurance Act.
The specific types of insurance benefits are as follows.
▶ Medical care benefits required for treatment
▶ Temporary disability benefits paid for the period during which the worker is unable to work due to treatment
▶ Disability benefits in the case of permanent disability
▶ Nursing benefits required in severe cases
▶ Survivor benefits and funeral expenses paid to bereaved family members in the event of death
▶ Injury and disease compensation pension when long-term treatment is required
▶ Vocational rehabilitation benefits supporting return to work after the accident
However, considering the special nature of daily workers' employment, special rules apply when calculating their average wage.
Unlike general workers, in daily worker industrial accidents, the average wage is calculated by multiplying the actual daily wage by the standard working coefficient (73/100), and various insurance benefits are calculated based on this.
This system is designed to adjust insurance benefits so that they do not differ excessively from actual income.
In daily worker industrial accidents, recognition of the accident, calculation of the average wage, and the determination of causation between the accident and the work often become contested issues, so prompt response immediately after the accident is very important.
It is helpful to receive comprehensive review through legal advice from an industrial accident specialist attorney regarding eligibility for daily worker industrial accident coverage, the scope of compensation available, and the average wage calculation process to ensure stable receipt of compensation.
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