○ The workers injured while working can be cared for by industrial accident insurance, and the worker is eligible to receive non-working benefits for the period that he or she is not available to work. Industrial accident insurance is covered at any workplaces hiring one or more employees. Even if your company does not subscribe to the industrial accident insurance, any workers at the workplace can benefit from the industrial accident insurance as such insurance is applied to any workers compulsorily without consideration of the insurance status. Undocumented migrant workers, too, can benefit from industrial accident insurance.
(But agricultural and fishery workers working at non-corporate workplaces which hire less than five employees are not applied to this insurance.)
- If an industrial accident occurs, a worker may submit the industrial accident compensation application to a Labor Welfare Corporation office which administrates the workplace. It means that applying does not need your employer’s permission.
- If a worker is injured, ill, or disabled from an accident related to work (including commuting) and needs at least four days of care or even in case of death, the worker can be compensated by the industrial accident compensation insurance.
- If it is confirmed as an industrial accident, such worker can receive the expense of treatment, wage replacement benefit (70% of average wage for the period you are not available to work), and/or disability benefits (if any disability remains after treatment). Apart from the industrial accident insurance, you can also file a lawsuit against the company for compensation claims.
- The statute of limitations for industrial accident compensation, nursing care benefits, and shutdown leave benefits is 3 years. Therefore, apply before the statute of limitations expires. (5 years for disability benefits, survivor benefits, and funeral expenses)
○ What you should do when an industrial accident occurs
- Record the time, reason, and the site condition (if recording is difficult, make a voice record)
- If the injury is serious, call an ambulance to carry the injured to a hospital (ambulance record can be used as the proof of the accident)
- When treated at a hospital, explain the actual situation of the accident, and emphasize that it occurred while you were working or commuting.
- Secure other materials such as photos of the site, statement of witness (voice recording), etc.
- For an occupational disease, you need to be prepared by counseling with a trade union or labor safety organization beforehand.
- You can immediately stop the work and evacuate if there is an imminent risk of an industrial accident.
- It is also important to take notes of the names of chemicals you use and then ask about it to a trade union or occupational safety organization
- If you are injured or get sick from your work, do not hesitate to suspect that it is an industrial accident!! Counseling is needed!!