
Legal Q&A
Q
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Hello, I am leaving a question because I am curious whether industrial accident damages are possible. I am a worker employed on a full-time basis. Recently, while working at a factory, I had an accident in which my hand was caught, and as a result I had one finger amputated. I did receive industrial accident compensation, but I found out that, separately from the industrial accident insurance compensation, I can proceed with a lawsuit claiming damages. I am curious about how an industrial accident damages lawsuit proceeds.. and how much I can receive.
Industrial accident
Compensation for loss
Industrial accident
Industrial accident damages
Answer
Published:
Author : Byung Joon KOH
Hello, I will provide an answer to your question regarding industrial accident damages.
First, where a worker is injured in an accident during work, they may receive certain monetary compensation, such as medical expenses, temporary disability benefits, and permanent disability benefits, through the Industrial Accident Compensation Insurance Act.
In addition, the industrial accident damages you mentioned is a damages lawsuit that can be filed, separately from the Industrial Accident Compensation Insurance Act, where the industrial accident occurred due to the employer's negligence.
However, in order to proceed with an industrial accident damages lawsuit, you must prove the employer's negligence.
The requirements for claiming industrial accident damages are as follows.
-There must be negligence on the part of the employer or a violation of the duty of safety consideration
-As a result, an accident must have occurred and damage must have arisen
In the lawsuit, you may claim additional compensation for mental damage (consolation money), lost earnings not covered by industrial accident compensation (income loss), nursing expenses, and the like, and the scale of the damage varies greatly depending on the victim's age, occupation, monthly income, and degree of disability (such as amputation and disability grade).
However, because proving the employer's negligence is central to such an industrial accident damages lawsuit, we recommend proceeding with the lawsuit after consulting an attorney specializing in industrial accidents.

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