Worker who suffered ‘cerebral hemorrhage while working’ files compensation for damages… The reason the court dismissed

Worker: “There was no action such as work reduction”
“The company did not disclose my health condition”
Court: “It is difficult for the company to predict accidents”

A worker who collapsed from a cerebral hemorrhage while working filed a claim against the company for damages due to an industrial accident, but lost.

On the 19th of last month, the Western Branch of the Daegu District Court ruled that the plaintiff, Mr.

Mr. A collapsed while working in 2020 and was taken to the hospital where he was diagnosed with cerebral hemorrhage and ‘Moyamoya disease’, a rare cerebrovascular disease. At the time, the Korea Workers' Compensation and Welfare Service recognized only cerebral hemorrhage as an occupational disease and paid insurance money to Mr. A. The intention was that moyamoya disease should be considered an underlying disease.

Afterwards, Mr. A filed a lawsuit against the company for industrial accident damages. This is because Company B did not take any special measures, such as reducing work, even though the person was in poor health due to high blood pressure before the accident occurred. Mr. A claimed that he developed brain disease due to a harmful work environment, such as shift work and a noisy environment. At the same time, he requested compensation of approximately 200 million won, including medical expenses, lost profits, and alimony.

Company B refuted this. They countered that the cause of the cerebral hemorrhage was moyamoya disease, which Mr. A suffered from. In addition, Mr. A claimed that the accident could not have been predicted because he did not inform the company about his health condition. They also explained that they did not violate safety consideration obligations, such as providing sufficient rest time during the work process.

The court ruled in Company B’s favor. The court said, “Even considering that it was shift work, it is difficult to conclude that the plaintiff’s workload was excessive compared to normal standards, and the company also provided earplugs to workers to protect their hearing,” and added, “There were no cases where symptoms or diseases similar to the plaintiff were found in other workers.”

He continued, “As a result of the physical examination of the plaintiff, it was determined that the underlying disease was the cause of the cerebral hemorrhage, and the plaintiff himself appears to have been unaware of his physical condition before the accident,” adding, “It is difficult to admit that the defendant company violated its duty of care by failing to take safety measures even though it could have predicted the possibility of an accident occurring.”

Attorney Song Seok-min of Daeryun Law Firm, who represented Company B, explained, “Compensation for industrial accidents under the Industrial Accident Compensation Insurance Act has the nature of a social security system, so it is different from liability for default based on the employer’s intention or negligence.” He added, “We emphasized the fact that Company B was not aware of Mr. A’s health condition and did not add additional factors that cause stress, such as special workload or sudden environmental changes.”

Digital Content Team

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Worker who suffered 'cerebral hemorrhage while working' files for damages... Reasons for the court's dismissal: (Shortcut)