[Legal Knowledge] If you are a victim of an industrial accident, you must receive recognition of the industrial accident and separate compensation for damages.

[Job Post] Reporter Kim Myeong-gi = Today, there are quite a few cases where workers are injured or lose their lives due to accidents in industrial workplaces. Even if it is not a physical accident, you may be stressed due to too much work, collapse due to overwork, or become ill due to harmful substances. These are collectively called industrial accidents.

Workers who are victims of industrial accidents can receive compensation for the damage they have suffered and can also demand that those responsible be punished. First of all, you can basically apply for industrial accident insurance and receive industrial accident insurance benefits, and you can claim disaster compensation under the Labor Standards Act and damages under the Civil Act.

In particular, if a worker's work-related injury, disease, or death is caused by the illegal acts of the employer or a third party, civil damages can be claimed. This is separate from the insurance benefits you receive after applying for and being approved for an industrial accident.

Industrial accident insurance benefits not only do not include mental damage, but there are also other damages that cannot be met through compensation alone. Therefore, if there is any damage compensation that can be received through a civil lawsuit separate from the insurance benefits that can be received through industrial accident approval, you must actively claim it.

Civil damages for industrial accidents are divided into active damages, passive damages, and alimony and provide full compensation, and include mental damages. The amount of alimony is determined by the trial court at its discretion, taking into account various circumstances.

However, civil liability for damages is recognized only when there is intent or negligence, so if the injured worker cannot prove that there was intent or negligence on the part of the employer, it may result in a loss. Therefore, it is important to quickly secure relevant evidence, clearly identify responsibility, and carefully consider it before filing a claim.

Attorney Hyun Byeong-hee of Daeryun Law Firm advised, “Civil damage compensation, which is separate from the recognition of industrial accidents, must properly prove the causal relationship between the facts of the damage and the employer, so it must be proceeded carefully with the help of an industrial accident and labor lawyer with extensive experience in post-industrial damage compensation cases.”

View full article - [Legal Knowledge] If you are a victim of an industrial accident, you must receive recognition of the industrial accident and separate compensation for damages.