✅Check out 'Actual Cases' for foreigners industrial accident compensation claims🩼⚠️
👋Hello from Majung Law Firm Foreigner Center
👷👷Foreign workers are coming to Korea at a quick pace, as the total number of foreign residents in the country has topped 2.5 million. Thus, regrettable situations when foreign nationals suffer from unjust termination, unpaid salaries, and compensation for workplace accidents also happen a lot. The Labor Standards Act's "foreign workers" who fall under its purview are always "weak." But just because you're a foreigner doesn't mean you should be exempt from the Labor Standards Act. With the assistance of a lawyer who specializes in representing foreigners, we hope that you will exercise your rights with confidence.
👩🏫You can get assistance from the MAJUNG Foreigner Specialized Center.
🏦🏦Working with the MAJUNG Foreigner Specialized Center for Foreigners Applying for Industrial Accidents will give you confidence.
> Criminal defense attorneys in immigration offices and seasoned immigration attorneys
> Skilled attorneys for industrial accidents from Korea Workers' Compensation and Welfare Service
> Certified Labor, Industrial Accident, and Administrative Division by the Korean Bar Association
> The consultation is available in several languages, including Bengali, Chinese, and English.
(1) The application process for industrial accidents for foreigners is
➡ It is a ‘legitimate right’ for workers to apply. You won't be turned away "just because you're a foreigner." When working in Korea, foreign employees often work in hazardous areas like construction sites. Consequently, they are more vulnerable than Koreans to major calamities. Make sure to file an industrial accident claim to get compensation if you have sustained serious injuries while working as a result of inadequate safety equipment or a lack of safety training at your place of employment.
➡Industrial accident application procedure
1. Visit the hospital to obtain a certificate of medical clearance.
2. Getting ready a range of evidence to demonstrate business causation
3. Fill out the application for nursing care benefits and send it in with the necessary supporting documentation.
4. The Korea Workers' Compensation and Welfare Service looks into the possibility of a connection to an accident at work.
5. Notification of acceptance or rejection of the outcome
✅The process of applying for industrial accident compensation for foreigners and Korean nationals is essentially the same; however, foreigners may have additional challenges if they want to continue independently owing to administrative procedures. You might have to go through a lot of trial and error because your verbal communication skills are poor and you are unfamiliar with Korean administrative procedures.
✅As such, we highly advise that you start by obtaining advice from a foreign legal representative. (1) A simultaneous interpretation consultation in English, Chinese, and Bengali is provided by the Majung Foreigner Center's legal representative; (2) "customized industrial accident application solutions specialized for foreigners" are offered by an industrial accident expert with prior experience from the Korea Workers' Compensation and Welfare Service.
(2) What if the company proposes an agreement for industrial accidents?
➡Some employers occasionally suggest "processing of industrial accidents" to foreign workers who are not aware of the Labor Standards Act.
✅Propose from Industry for agreement for the work accident: Through an agreement between the employee and the company, the worker receives the appropriate compensation amount without having to go through the standard application process for industrial accidents.
✅When there is an industrial accident, workers get compensation directly from the workplace instead of through the Korea Workers' Compensation and Welfare Service. This is known as industrial accident processing. From the standpoint of the worker, it might seem alluring to claim that the employer will pay compensation without requiring a difficult application procedure. However, you must be very careful in responding to the company's patronizing proposal for processing a fantasy.
➡This is because of the following reasons:
(1)The reason for this is that the amount of compensation offered by the employer can be "much less" than what the Korea Workers' Compensation and Welfare Service offers.
(2) The wounded worker will have fewer options for responding if an employer states that it would manage industrial accidents but later modifies its statement.
✅Foreign employees should so carefully assess whether a portion of the company's industrial accident treatment plan or industrial accident compensation offer is most beneficial to them. For foreign laborers, doing these computations by themselves is difficult. Please reply with caution and carefully confer with a legal representative who has handled several cases of industrial accidents abroad.
(3) Foreign industrial accident compensation case handled by MAJUNG
#Case detail
➡An elderly Chinese man in his 60s who was working at a construction site unexpectedly passed away and called MAJUNG for assistance. A "intracerebral hemorrhage" was the diagnosis made after the patient was taken to the hospital in a hurry. In order to claim industrial accident compensation, the client sought help from the "Majung Foreigner Center," which provides multilingual interpretation, because he was not very proficient in Korean.
#Solution methods
➡The ability to articulate the "work-related causal relationship" is crucial when applying for international industrial accident compensation. MAJUNG worked hard to demonstrate that the victim's "intracerebral hemorrhage" was the result of "excessive workload."
✅Majung developed the following plan and made a compelling case for the client's claim of an industrial accident.
01. Excessive working hours & work
➡According to the Korea Workers' Compensation and Welfare Service, "chronic overwork" occurs when a worker works more than 52 hours in a workweek. Majung thus emphasized that the client put in more than 52 hours a week at work and vehemently contended that this was the cause of the industrial catastrophe. Majung obtained objective information, such as the client's transit card details, to support the claim because the firm did not have any official records attesting to the client's working hours.
02. Working environment
➡Majung further mentioned that the client's working conditions were appalling and that they were regularly subjected to abrupt temperature fluctuations at work. It was openly claimed that there was a direct correlation between intracerebral hemorrhage and working in an environment with significant temperature variations.
#Outcome
➡The client's industrial accident claim was accepted as a work-related accident by the Korea Workers' Compensation and Welfare Service because of Majung's thorough data gathering and strong defense. The client's financial issues were resolved and they were able to obtain benefits for medical care.
✅I got hurt while working. Can I get compensation? I am an illegal resident. Can I apply for an industrial accident?
Foreign workers frequently hesitate to file a claim for an industrial accident, even if is a basic right. Those who are illegal immigrants in particular sometimes give up on their applications because of concern that their status will be discovered or that they will be compelled to leave the country.
➡But undocumented immigrants are also eligible to file claims for workplace mishaps. However since undocumented immigrants could be forced to leave the nation, it's critical to have support from a foreign specialist who will constantly monitor immigration matters. At the MAJUNG Foreigner Specialized Center, you will work with (1) skilled industrial accident specialists from the Korea Workers' Compensation and Welfare Service and (2) skilled criminal attorneys and immigration office attorneys who handle both forced departures and industrial accident applications concurrently. MAJUNG is the best when it comes to foreigners seeking compensation for industrial accidents.
🤝We welcome you wholeheartedly
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MAJUNG Law Firm is a professional law firm located in South Korea, providing legal services to foreign residents in various types of legal cases — ranging from immigration issues, criminal defense, labor disputes, international divorce, damage compensation, and many more.
📣 English, Chinese, Thai, and Bengali interpreters are ready to assist you throughout every process.
< Contact us >
📞 Call us at 070-5067-2322 / Whatsapp: 010-2663-1158
📲 Kakaotalk : http://pf.kakao.com/_xfxlWxib/chat
📩 Email. foreigner@majunglaw.kr
The consultation is available at the MAJUNG Foreigner Center's headquarters in Gwanghwamun, Seoul, as well as at the branch offices in Daegu, Daejeon, Busan, and Gwangju.