
Legal Q&A
Q
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At the worksite, they said there was no need for safety devices, so I just worked up high, and due to a fall accident my shoulder was fractured and my leg was diagnosed as disabled, so I have ended up in a situation where I must rest at home. So I asked them to cover the medical expenses, consolation money, and industrial accident compensation, but instead the work foreman got angry and told me not to say ridiculous things. I understand that taking care of an injured person is a matter of course under the law. Would it be possible now to bring a lawsuit, with an industrial accident attorney, for a violation of the Industrial Accident Compensation Insurance Act regarding a daily-wage worker's industrial accident?
Industrial Accident Compensation Insurance Act
Answer
Published:
Author : Byung Joon KOH
Under the Industrial Accident Compensation Insurance Act, in order for an industrial accident to be recognized, you must establish the fact that the reason for your injury was an occupational accident, as well as the causal relationship.
It is good if you have evidence such as a medical certificate or work records, but because the company is likely not to cooperate, it is advisable to proceed through an industrial accident attorney.
People usually apply to the compensation service for industrial accident benefits and receive only the insurance benefits, but in that case it may be difficult to cover the losses, so we recommend that you fully enjoy the rights you can obtain through an industrial accident lawsuit.
By calculating the compensation for all parts, such as medical expenses, disability benefits, and leave-of-absence benefits, you may wish to claim not only the amount for the actual harm but also compensation for the psychological harm.
And we emphasize that, when applying for a daily-wage worker's industrial accident compensation, legal help is essential in order to have a high amount assessed. In addition, the company should take the necessary measures to prevent workers from being injured, but if you can also demonstrate that it failed to take such measures, it is good to do so.
If you prove the fact that the fault leading to serious injuries such as fractures and disability lies with the company, it appears that the industrial accident will be sufficiently recognized under the law.
However, because it is very difficult for an individual to take on a company, we hope that, together with an industrial accident attorney, you will prepare all of the materials necessary for the Industrial Accident Compensation Insurance Act industrial accident application.

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Byung Joon KOH
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