Legal Q&A
Q
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Hello. Recently, an accident occurred at our worksite. The worker claims it is an industrial accident and said that he will even proceed with a lawsuit for damages. I am curious about the specific criteria for handling industrial accidents. Is it not the case that the accident must have a causal relationship with the work to be recognized? Since this is my first time facing such a situation, I feel lost and worried. Would it be best to obtain advice from an attorney?
Criteria for handling industrial accidents
Industrial accident litigation
Answer
Published:
Author : Byung Joon KOH
Yes, I will explain the criteria for handling industrial accidents.
To be recognized as an industrial accident, there must be a causal relationship between the accident and the work.
In other words, to be recognized as an industrial accident, it must be an accident or illness that occurred while the worker was performing work under the direction and supervision of the employer.
In the actual determination, the following are comprehensively considered: ▲the place and time of the accident, ▲the relationship between the work content and the accident, and ▲whether it occurred during the performance of duties.
Based on these factors, whether an industrial accident is recognized is determined, and if it is recognized as an 'accident in the course of duty' regardless of whether the employer was negligent, insurance benefits are paid.
However, where the worker separately files a lawsuit claiming damages, it must be proven that there was a civil tort, such as the employer's 'breach of the duty of care,' so a legal response is necessary.
In a situation where the worker has said that he will even proceed with a lawsuit for damages, you should examine the criteria for handling industrial accidents with the help of an attorney specializing in this area and devise a response method.
At Daeryun Law LLC, attorneys experienced in numerous industrial accident cases, attorneys specializing in corporate matters, and labor attorneys analyze the situation together, examine the criteria for handling industrial accidents, and take action in response.

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