Useful Info

Industrial accident compensation claims require preparing three copies each of the applicable forms such as the medical care application form, medical care expense claim form, work interruption benefit claim form, disability compensation claim form, survivors' lump-sum compensation claim form, funeral expense claim form, survivors' compensation pension claim form, and disability compensation pension claim form. These must be signed and sealed by the claimant after obtaining confirmation from the employer and the medical institution, then submit one copy each to the medical institution and the Korea Workers' Compensation & Welfare Service (KWCWS) branch office in charge, and keep one copy for yourself. If the employer refuses to provide confirmation, or even though it is a workplace subject to mandatory industrial accident insurance coverage with five or more regular workers but the employer has not enrolled in industrial accident insurance, or refuses to confirm on the claim form claiming it is not a work-related accident, you can submit the claim form with an attached written complaint stating these details. In such cases, the KWCWS will conduct an ex officio investigation, determine whether it qualifies as a work-related accident, and provide compensation if recognized as such. If the injured worker, beneficiary, or other claimant is dissatisfied with the insurance benefit payment or the KWCWS's denial decision, they may file a review request with the KWCWS regional headquarters within 60 days from the date they become aware of the decision. The review request form must be submitted to the KWCWS branch office that made the initial decision. If the worker or survivors who filed the review request are still dissatisfied with the review decision, they may file a re-review request with the Industrial Accident Compensation Insurance Review Committee of the Ministry of Employment and Labor within 60 days from the date they become aware of the decision. The re-review request form is also submitted to the initial branch office in charge.
If the worker or survivors who filed the re-review are still dissatisfied with the re-review decision, they may file an administrative lawsuit with the High Court that has jurisdiction over the location of the KWCWS regional headquarters (or branch office) that made the decision within 60 days from the date of receiving the official copy of the re-decision. Objection or re-review requests can be filed directly by the worker or beneficiary, or delegated to a lawyer or certified labor consultant.