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Industrial Accidents
Industrial accidents in Busan: you can still fight a denial
An industrial accident claim starts with an application to COMWEL for medical care benefits when a work accident, occupational disease or commuting accident needs 4 or more days of treatment. A denial can be appealed within 90 days of learning of it, and losses beyond benefits are claimed from the employer.
Losses that industrial accident benefits do not cover are claimed from the company
If you are injured or fall ill at work, you apply to the Korea Workers' Compensation and Welfare Service (COMWEL) for medical care benefits. You can apply yourself even if the company does not cooperate, and a denial can be challenged within 90 days of learning of it.
Losses not covered by any benefit, such as consolation money, are claimed separately by proving the company's negligence or a defect in its facilities. In litigation, the key issue is proving the causal link between the accident and the disability.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Medical care benefit claim
Submit the accident details and medical opinion to COMWEL
COMWEL decision
COMWEL investigates work-relatedness and decides on approval
Appeal
If denied, request a review within 90 days
Damages
Claim losses beyond the benefits from the company
Deadlines to challenge a denial
| Stage | Deadline |
|---|---|
| Request for review | Within 90 days of learning of the decision |
| Request for re-review | Within 90 days of learning of the review decision |
| Administrative lawsuit | Within 90 days of learning of the disposition |
| Claim for industrial accident insurance benefits | 3 years; 5 years for disability benefits, survivors' benefits and funeral expenses |
Basis: Industrial Accident Compensation Insurance Act, Articles 103, 106 and 112; Administrative Litigation Act, Article 20
Industrial Accidents Frequently Asked Questions
QCan I file an industrial accident claim even if the company did not enroll in industrial accident insurance or did not pay the premiums?
Yes. Industrial accident insurance applies to every business that employs workers (Industrial Accident Compensation Insurance Act, Article 6), so even if the employer never reported enrollment, the worker can apply to COMWEL for benefits. After paying the benefits, COMWEL collects all or part of the amount from the employer who failed to report or pay premiums (Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, Article 26(1)). Non-enrollment is the employer's problem and does not reduce the worker's rights.
QAre day laborers, part-time workers and foreign workers covered?
Yes. A worker under the Industrial Accident Compensation Insurance Act is a worker under the Labor Standards Act (Industrial Accident Compensation Insurance Act, Article 5, item 2), the Act does not set employment type or nationality as a requirement, and it applies to every business that employs workers (Article 6). The issue is not what the contract is called but whether you actually worked under instructions, so attendance records, wage transfer records and messages giving work instructions serve as evidence of worker status.
QWhat benefits can I receive once the industrial accident is approved?
Medical care benefits, temporary disability benefits, disability benefits, nursing benefits, survivors' benefits, injury-and-disease compensation annuities, funeral expenses and vocational rehabilitation benefits (Industrial Accident Compensation Insurance Act, Article 36(1)). Temporary disability benefits pay 70 percent of average daily wages for the period you cannot work due to treatment, and nothing is paid if the period is 3 days or less (Article 52). If a disability remains after treatment ends, you claim disability benefits separately. Benefits are paid only when the beneficiary claims them (Article 36(2)).
QWhat if the company threatens to fire me for filing an industrial accident claim?
That is prohibited by law. An employer may not dismiss a worker or treat them unfavorably because they applied for insurance benefits (Industrial Accident Compensation Insurance Act, Article 111-2), and the Labor Standards Act bars dismissal during time off for treatment and for 30 days afterward (Labor Standards Act, Article 23(2)). Keep any dismissal notice or unfavorable remarks as texts or recordings, and a Busan industrial accident lawyer will review an unfair dismissal remedy application together with the industrial accident procedure.
QHow is an occupational disease such as a herniated disc or depression recognized?
It goes through deliberation by the Occupational Disease Adjudication Committee under COMWEL (Industrial Accident Compensation Insurance Act, Article 38). Covered diseases are those caused by handling hazardous factors at work, physically demanding work or work-related stress (Article 37(1)2), and unlike an accident, you must show the causal link between the work and the disease with records. Records of work posture and working hours, medical records and coworkers' statements are the key materials.
QWhat should I bring when I consult a Busan industrial accident lawyer?
Materials showing how the accident happened and documents for calculating deadlines. Accident photos, witness contact details and records of work instructions, medical certificates and records, plus your employment contract and pay slips, which are used to confirm average wages, the basis for calculating benefits (Industrial Accident Compensation Insurance Act, Article 5, item 2). If your claim was denied, the decision and the date you received it are the starting point for the review deadline (Article 103(3)). A decision made after deliberation by the adjudication committee can go straight to a request for re-review without a review request (Article 106(1)).