Legal Q&A
Q
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Hello. Recently one of our workers underwent surgery due to an industrial accident and is currently hospitalized. We have processed the application for industrial accident temporary disability benefits, and we are complying with all of the legal regulations that must be observed. However, the worker is demanding that we also pay consolation money, and the amount requested is somewhat too large. He says that if we do not pay the consolation money, he will file a lawsuit for damages. Aside from the industrial accident temporary disability benefits, must we necessarily pay consolation money as well?
industrial accident temporary disability benefits
industrial accident
Answer
Published:
Author : Byung Joon KOH
Yes, I will answer regarding the payment of consolation money in addition to industrial accident temporary disability benefits.
Industrial accident temporary disability benefits are paid during the period in which a worker loses income due to medical care, and they are calculated based on '70% of the average daily wage.'
If, due to an industrial accident, a worker is receiving medical care benefits and temporary disability benefits under industrial accident insurance, this is compensation under a public insurance system, and the employer has no separate legal obligation to pay consolation money.
The Industrial Accident Compensation Insurance Act is a system intended to compensate for a worker's medical expenses and losses due to work stoppage, and as a result the employer is generally exempted from liability for damages.
However, exceptionally, if it is proven that the accident occurred because the employer violated its duty to take safety measures under the Occupational Safety and Health Act, the worker may separately file a civil claim for damages.
In this case, the worker may demand additional compensation for portions not covered by industrial accident insurance, such as lost income and consolation money, and in this process there are often requests for a settlement in the name of consolation money.
However, demanding excessive consolation money while legal liability has not been established has no compulsory force, and the employer is not necessarily obligated to comply.
If the worker strongly demands payment of consolation money and has given notice of a claim for damages, it is important to closely review the circumstances of the accident, whether the employer bears legal liability, and the response, by obtaining advice from an attorney experienced in industrial accidents and damages.
I recommend that you respond with the help of an experienced attorney.

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