Industrial accident lawyer, “Death due to work-related accident requires industrial accident insurance compensation and apology.”

Recently, there was an incident where a worker working on loading a cargo container died after being crushed by a container. According to reports, the company's safety training and safety managers stipulated in the Occupational Safety and Health Act were not present at the site. The legal community views it as an industrial accident caused by insufficient safety management.

According to the Occupational Safety and Health Act (Article 38), ‘Necessary measures must be taken to prevent industrial accidents due to hazards when handling heavy materials or performing other work.’

According to the legal community, when an accident occurs, the employer is required to report it to the head of the local employment and labor office under the Occupational Safety and Health Act. If an employer attempts to conceal an industrial accident, criminal punishment such as violation of the Occupational Safety and Health Act or occupational manslaughter is possible. Additionally, in order to avoid this, it is explained that if workers are forced to sign an agreement or are urged to give up on applying for an industrial accident, this can also be considered an illegal act.

Industrial accident lawyer Jeong Chan-woo (Daeryun Law Firm) said, “In order for an injury, disability, or death caused by an accident or disease of a worker to be recognized as an occupational accident, it must meet the standards for recognition of an occupational accident or recognition of an occupational disease under the Industrial Accident Compensation Insurance Act.” He added, “It must be recognized that there is a significant causal relationship between work and the accident, and the burden of proof for this is on the worker, so in reality, it will inevitably be a burden.”

If a facility collapses in the workplace and a disaster occurs, the employer is liable for disaster compensation and compensation for damages under civil law for reasons such as violation of the duty to consider the safety of workers. However, if the civil damage compensation amount exceeds the industrial accident compensation amount, only a portion of the damage liability is replaced with industrial accident insurance benefits. For the remaining damages, the worker must file a civil claim for compensation from the employer.

Attorney Jeong said, "Because alimony for workers' damages cannot be replaced with industrial accident insurance money, it is better to file a claim so that you can receive compensation directly from the employer. Additional compensation will be possible only if you carefully review with a legal expert, such as an industrial accident lawyer, the parts of the total damage that are not compensated by industrial accident accident insurance benefits, such as damages arising from not being able to work, future medical expenses, nursing expenses, and death benefits, and file a claim for compensation from the employer."

He continued, “In order to be recognized as an industrial accident, it is most important to prove the causal relationship, so it is important to collect evidence and clearly identify the person responsible.” He added, “Although there are currently parts that can be recognized as industrial accidents and compensation for damages, some people believe that it is something that workers must naturally bear. It will be important to make efforts to reveal the specific facts through legal assistance.”

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