Korea’s industrial accident compensation ‘from commuting disaster to work-related stress disaster’

If an employee is injured or killed while working on the job, the government compensates for it. The industrial accident insurance, in which the company and workers participate, covers medical expenses, living expenses, and damage compensation. So to what extent can it be recognized as an industrial accident?

Occupational Stress Disaster

After witnessing an accident in which a colleague was seriously injured at work, Mr. A developed 'post-traumatic stress disorder'. In the case of mental illness such as post-traumatic stress disorder, depression, or adjustment disorder due to various work-related stresses, it is recognized as an occupational accident and compensation for industrial accident is possible.

Examples of industrial accidents related to this are as follows. ▲ Witnessing work-related accidents and being in accidents ▲ Violent language, violence, sexual harassment ▲ Civil complaints Conflicts with customers ▲ Conflict with the company ▲ Workplace harassment ▲ Changes in the quantity and quality of work ▲ Responsibility for work-related mistakes ▲ Change of assignment ▲ Stress due to work maladjustment

Normal Commuting Accident

Mr. B fell and was injured while rushing to get on the bus on the way to work. This is also recognized as an occupational accident. In case of an accident that occurs while commuting to and from work using normal routes and methods (public transportation, private car, walking, etc.), an industrial accident is recognized.

Company Dinner Party Disaster

Mr. C was injured by falling down the stairs after drinking while going to a dinner party with his employees at the company. It is true that there is an atmosphere in the Korean workplace that insists on having a dinner party as an “extension of work.” Because of this, injuries at a dinner party are also recognized as industrial accidents. However, if the purpose of the dinner party is necessary for work, such as union of employees, if there is some degree of compulsory participation in the dinner, if the business owner paid for the dinner, etc. Only then it counts for. However, if you get hurt while having a drink with a friend outside of a dinner party, you cannot be considered an industrial accident.

Occupational Illness Accidents

Mr. D was diagnosed with cancer while working with chemicals at the company. He developed lung cancer from handling chemicals without wearing a mask. Among the chemicals exposed at work, ‘carcinogenic substances’ are separately stipulated by the Industrial Accident Insurance Act, and if you get cancer while working on the substances, it can be recognized as occupational disaster.

Of course, even if you are ill due to a substance not stipulated in the Industrial Accident Insurance Act, it can be recognized as a disaster, but it is not easy to prove the dynamics. It is very difficult for workers to establish a causal relationship between the working environment and the outbreak of the disease.

Workers' Compensation Information and Inquiries Korea Labor Welfare Corporation's representative phone line 1588-0075 

Reporter Hasung Song