Legal Q&A
Q
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Hello. I am the payroll manager at a company. I understand that one of our company's employees was injured at work and has applied for industrial accident compensation this time. I am not sure how to handle the matter regarding wages, so I am asking. I heard about something called industrial accident leave of absence benefits. When are they paid? I am also curious about whether the workplace must pay this. And if the company is the one to pay it, should I provide the full wage? I would be grateful if you could let me know.
industrial accident leave of absence benefits
industrial accident leave
industrial accident insurance
Answer
Published:
Author : Byung Joon KOH
You have asked about industrial accident leave of absence benefits.
A leave of absence benefit is a type of benefit paid under industrial accident compensation insurance to a worker who is injured or falls ill for work related reasons and is unable to work during the period of medical care.
However, if the period during which the worker was unable to work due to medical care is within 3 days, the leave of absence benefit is not paid.
When an industrial accident is recognized, the amount paid during the medical care period is 70% of the average wage.
Because industrial accident leave of absence benefits are paid by the Korea Workers' Compensation and Welfare Service, the workplace does not need to separately pay wages.
Under the Industrial Accident Compensation Insurance Act, the principle is that a leave of absence benefit cannot be received as double compensation.
If the company has paid wages, caution is needed because insurance benefits cannot be received within the limit of the amount paid.
If the company has already paid wages even during the leave of absence period, there is a way to recover them.
That is to apply for an employer's substitute payment claim.
If documents showing that wages were paid are submitted to the Service, the workplace can receive the worker's insurance benefits on the worker's behalf, so the workplace's loss can be recovered.

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