
Legal Q&A
Q
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I am a business owner running a construction business. Recently, a worker suffered a fall accident while working at the site and was transported to the hospital. I am wondering whether the site's safety measures were sufficient and whether this is a situation that must be reported immediately as an industrial accident. I would like to know whether I should consult an industrial accident attorney, and what legal obligations I must fulfill as a business owner and what points I should be careful about.
Industrial accident attorney
Answer
Published:
Author : Byung Joon KOH
A fall accident that occurs at a construction site is a representative occupational accident, so in principle it is subject to industrial accident processing.
When an accident occurs, the business owner cannot arbitrarily judge and handle whether it is recognized as an industrial accident, and must immediately fulfill the obligations prescribed by law.
First, the business owner must take immediate first-aid and medical measures for the worker, doing so promptly.
Thereafter, you must comply with the obligation to report the occurrence of the industrial accident to the Korea Workers' Compensation and Welfare Service.
At this time, you must submit a medical care application, an accident report, materials on the employment relationship, and the like, and it is important to accurately record the circumstances of the accident as they occurred.
In particular, because a fall accident may also raise the question of whether there was a violation of the safety-measure obligations under the Occupational Safety and Health Act, if the statutory safety measures, such as installing work platforms and fall-prevention nets, were inadequate, you must even review the possibility of an administrative disposition or criminal liability accordingly.
Accordingly, in such matters, it is important, from the initial response, to consult an industrial accident attorney and to examine the scope of the business owner's legal liability, the response to the investigation, and even the possibility of future disputes as well.
Through the assistance of an industrial accident attorney, we recommend that you organize the facts, review whether the safety-management obligations were fulfilled, and minimize unnecessary legal risks.

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