
Legal Q&A
Q
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I run a manufacturing company. A few days ago, there was an accident in which an employee injured their hand within the company, and I am confused about whether I should report it as an industrial accident or whether it may be handled as a simple personal injury. I would like to know what the criteria for processing an industrial accident are and what procedures I, as the employer, must follow.
criteria for processing industrial accidents
Answer
Published:
Author : Byung Joon KOH
The criteria for processing industrial accidents refer to the criteria for recognizing and compensating, as an industrial accident, harm such as injury, illness, impairment, or death that a worker suffers while performing their work.
Under the 「Industrial Accident Compensation Insurance Act」, if there is a substantial causal relationship between the work and the accident, it is recognized as an industrial accident.
That is, if a worker is injured while working, or becomes ill because of the work environment, it is in most cases subject to industrial accident processing.
From your position as the employer, it is important to distinguish whether the accident that happened to the employee occurred during work or resulted from personal circumstances.
For example, cases such as being injured while operating a machine, falling during work, or being injured while transporting something are recognized as occupational accidents.
A traffic accident that occurs while commuting is also recognized as an industrial accident if the worker used the usual route.
On the other hand, an accident that occurs during a personal errand or private business has no connection to the work and is therefore difficult to regard as an industrial accident.
The employer must take emergency measures immediately when an industrial accident occurs, and report the industrial accident to the Korea Workers' Compensation and Welfare Service.
At this time, you must submit related documents, such as the application for medical care benefits, a report on the circumstances of the accident, and the employment contract, and once the Service approves the matter after its investigation, the worker can receive compensation such as medical expenses and temporary disability benefits.
If the employer intentionally conceals this or fails to report it, under the 「Occupational Safety and Health Act」 imprisonment for up to one year or a fine not exceeding 10 million won may be imposed.
Ultimately, the criteria for processing industrial accidents are not a simple procedural matter, but a legal mechanism for protecting the life and safety of workers.
Rather than avoiding industrial accidents, the employer should report them promptly, and strengthen the safety management system to prevent recurrence.
If whether an industrial accident occurred is ambiguous or a legal judgment is needed, it is advisable to handle the matter accurately with advice from the Korea Workers' Compensation and Welfare Service or from a labor attorney or an attorney experienced in industrial accident cases.

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