A worker suffered an industrial accident in a manhole... Law ruling: “Company compensates for medical expenses and alimony”

Chest injury due to soil collapsing during work... Construction company: “There was some negligence on the part of the workers”
Court: “Construction companies had a duty to inspect areas at risk of collapse in advance, but failed to do so.”

A worker who was seriously injured after being buried in the dirt while working on a manhole filed a lawsuit against the company for damages and won.

On January 22, the Chuncheon District Court ruled that Mr. A, a man in his 60s, should pay approximately 60 million won to the plaintiff in a lawsuit claiming damages against construction company B.

Mr. A suffered an accident in 2022 when soil collapsed while working with a colleague to drill a hole in a manhole at a construction site. As a result, Mr. A suffered serious injuries to his chest.

Accordingly, Mr. A filed a lawsuit for damages, claiming that Company B did not fulfill its duty of care to prevent the accident.

Company B countered that Mr. A was at fault. At the time of the accident, Mr. A was watching his colleague's drilling work and performing an assisting role, so he should have maintained his duty of care by observing his surroundings in more detail.

The court sided with Mr. A. The court said, “An employer must check for cracks or the risk of collapse when workers work in places where soil, etc. may collapse,” and added, “Nevertheless, the defendant did not fulfill these obligations.”

He added, “It is difficult to see the plaintiff’s negligence in causing the accident and expanding the damage,” and added, “The plaintiff is responsible for compensating the damages.”

Attorney Lee Ji-yeon of Daeryun Law Firm, who represented Mr. A, explained, "In order to be recognized for damages due to an industrial accident, it is necessary to prove that the accident occurred due to the user's intention or negligence and the causal relationship. In this case, we were able to prove Company B's negligence by emphasizing that the accident occurred because the company failed to take safety measures such as installing a safety net or placing a manager on the manhole."
 

Reporter Shin Jae-yu (wayjay@sportsseoul.com)

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Worker who suffered industrial accident in manhole... Law ruling: “Company compensates for medical expenses and alimony” (Shortcut)