An employee had a traffic accident. Should I process it as a commuting industrial accident?

Accidents that occur during commuting are also recognized as work-related disasters (commuting disasters) under the "Industrial Accident Compensation Insurance Act" if certain requirements are met.

Through the 2018 law revision, while in the past only accidents during work hours were recognized as industrial accidents, now the scope of recognition has been expanded to include accidents that occur while commuting through a normal route and method.

From the employer's perspective, what is important is whether the accident occurred unavoidably during the work-related commuting process.

That is, even if it is outside work hours, if it is a commuting process for work, there is a possibility of being recognized as an industrial accident.

Therefore, if the employee had an accident while commuting via the usual route and time, even using a private car, there is a high possibility that it will be recognized as a commuting industrial accident.

On the other hand, if the route was deviated for personal reasons or the accident occurred during movement unrelated to the commuting purpose, it is difficult to consider it as a work-related disaster.

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

If an employee has an accident during commuting, the employer must first take measures to enable them to receive treatment.

Also, when filing an industrial accident report with the Korea Workers' Compensation & Welfare Service, the facts must be accurately stated in the employer confirmation section.

At this time, since the Service determines whether the accident occurred during work-related commuting, be careful not to arbitrarily reduce or conceal the facts.

When the determination of industrial accident eligibility is ambiguous, it is safest to handle it with the advice of a labor consultant or industrial accident specialist attorney.