I have been subjected to an industrial accident lawsuit. Please tell me how to respond.

Hello. I am an industrial accident attorney at Daeryun Law Firm (LLC).

You must have been quite alarmed by the worker's industrial accident lawsuit.

Under Articles 78 through 80 of the Labor Standards Act, when a worker is injured, falls ill, receives medical care, or becomes disabled due to a work related accident, the employer has an obligation to compensate for this.

However, there are two exceptional cases in which that obligation is exempted.

First, in the case of an injury or illness caused by the worker's gross negligence, where the Labor Relations Commission recognizes that negligence, the employer may not bear the compensation liability.

Second, under Article 80 of the Industrial Accident Compensation Insurance Act, where a worker has already received industrial accident insurance benefits, the employer may be exempted from accident compensation liability.

As you mentioned, a worker who suffers a work related accident may, separately from receiving industrial accident insurance benefits, file an industrial accident lawsuit against the business owner or the person responsible for the accident.

However, where a worker has received compensation through civil damages, the industrial accident insurance benefits may be reduced or not paid within the same scope by the amount received.

The main issue in such an industrial accident lawsuit is proving the causal relationship between the parties' negligence and the accident, and it can have a significant effect on the outcome of the lawsuit.

Therefore, if you need to respond to an industrial accident lawsuit, I recommend that you closely organize the circumstances and facts of the case and then obtain legal advice through a consultation with an industrial accident attorney.