Legal Q&A
Q
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Recently, a worker underwent major surgery due to an occupational accident. I hear that they are going to file an industrial accident lawsuit for damages against the company... I do not know how it will turn out, so I am extremely frightened. I want to defend so as to keep the amount as low as possible. It would be better to retain a specialized attorney to respond to the industrial accident litigation, would it not? Will having an attorney or not make a big difference in the lawsuit?
industrial accident litigation
industrial accident damages
Answer
Published:
Author : Byung Joon KOH
Yes, in the situation you describe, it appears that responding with the assistance of a specialized attorney will be very important.
This is because, when a worker files an industrial accident lawsuit for damages on the ground of an industrial accident, it seeks to hold the employer civilly liable on grounds such as the employer's negligence or a violation of statutory safety measures.
If a violation of the duty to ensure safety and health is recognized on the part of the employer, the employer may bear a substantial amount of damages, including lost earnings and consolation money in addition to medical expenses.
In such an industrial accident lawsuit for damages, the main issues are the circumstances of the accident, the level of on-site safety measures, compliance with related laws such as the Occupational Safety and Health Act, and the foreseeability of the accident.
Because the outcome can vary greatly depending on the interpretation of legal principles, the organization of evidence, and the structuring of arguments, we recommend that you devise a response strategy with the help of an attorney specializing in industrial accident litigation.
In particular, because consolation money and future losses are large in cases involving a serious accident or surgery, organizing the facts and establishing a defense strategy from the early stages of the litigation together with an attorney who specializes in industrial accident and damages litigation is a realistic way to minimize the loss.

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Byung Joon KOH
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Extensive experience handling large-scale corporate and white-collar crime cases · Attorney specializing in corporate/construction/labor/digital forensics law

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Former Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney specializing in criminal/sex crimes/evidence investigation
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