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Hello. I have a question regarding the Industrial Accident Compensation Insurance Act. An accident recently occurred at my husband's workplace. I heard that one employee was injured while moving heavy materials. Is this also the business owner's responsibility? My husband said he always told them not to overexert themselves... Is a situation like this also an accident that falls under the Industrial Accident Compensation Insurance Act?
industrial accident compensation insurance act
industrial accident
Answer
Published:
Author : Byung Joon KOH
Yes, the situation you described may fall under a 'work related accident' under the Industrial Accident Compensation Insurance Act, so industrial accident compensation can be received.
Industrial accident compensation insurance refers to a form of social insurance intended to compensate workers' work related accidents promptly and fairly, to establish and operate insurance facilities for promoting the rehabilitation and social reintegration of injured workers, and to carry out projects for accident prevention and other improvements in workers' welfare.
Where a person suffers a lumbar sprain (a back injury) while moving heavy materials during work at a construction site, this can clearly be assessed as an accident that occurred in the course of performing work.
Even if the company asserts the worker's negligence, industrial accident compensation insurance allows compensation when work relatedness is recognized, regardless of negligence.
If the application for industrial accident compensation insurance is accepted, medical expenses, leave of absence benefits, and the like are paid. In addition, if there was a deficiency in the employer's safety measures, the application of other statutes, such as the Serious Accidents Punishment Act, may also be reviewed.
For this reason, I recommend that you closely understand the matter through a consultation with an attorney specializing in industrial accidents and prepare for any additional lawsuit that may follow.

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Byung Joon KOH
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