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I am a day laborer who came to Korea 10 years ago and got a job in the construction industry. A little while ago, construction materials fell and I injured my shoulder and neck. Does the country handle this as an industrial accident for a day laborer? I would like to apply the Industrial Accident Compensation Insurance Act and file an industrial accident claim. Since I do not know Korean law well, please explain it in simple terms.
Foreign worker
Industrial Accident Compensation Insurance Act
Answer
Published:
Author : Byung Joon KOH
Yes, of course.
Foreign workers are also subject to the Industrial Accident Compensation Insurance Act, and being a day laborer is no exception.
In a case like yours, where you were injured in the shoulder and neck by materials while working at a construction site, you can be recognized for day-laborer industrial accident handling and can receive medical care benefits, temporary disability benefits, disability compensation, and the like.
Instead, to file an industrial accident claim, you must first prove that there is a causal relationship between the injury and the work.
For example, a medical certificate, photographs taken at the time of the accident, colleagues' statements, and a work log can serve as important evidence.
However, because there are cases where the employer or the company does not cooperate or avoids responsibility, it is advantageous to obtain the help of an attorney who specializes in industrial accident cases.
In the case of a day laborer, once the number of working days exceeds a certain standard, they automatically become subject to industrial accident insurance, and even if the company did not enroll in the insurance, there are many cases in which compensation can be received from the Korea Workers' Compensation and Welfare Service.
There are cases in which one receives only medical care costs through industrial accident insurance and the matter ends there, but in order to be compensated for the actual damage and even the mental suffering, you can also claim additional compensation through an industrial accident lawsuit.
In particular, if you have suffered a serious injury such as a fracture or a disability, a legal response is even more important.
Finally, if you can prove that the employer failed to take proper safety measures in the work environment, the likelihood of being recognized as an industrial accident caused by the company's negligence increases.
Rather than handling the entire process alone, we hope you will prepare the procedure together with a legal professional familiar with the Industrial Accident Compensation Insurance Act and receive sufficient compensation.

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