What is industrial accident?
In the process of providing work to a company, there are cases where an accident occurs to the employee. If such an accident arises due to work-related reasons, the employee will be able to claim compensation for finding out that the accident is an industrial accident.
Law& represents a party in these labor disputes with a mandate from the party, and based on differentiated expertise preemptively possessed, it conducts the task of ensuring the right to compensation of the party by finding the substantial truth.
Necessity of representation in industrial accident cases
For cerebrovascular diseases such as cerebral hemorrhage and death from overwork,
which are one of the representative occupational diseases, it is necessary to prove whether the disease has a
proximate causal relationship with an employee’s performance of duties, and in the case of the accident
on commuting that has recently been legislated, it is necessary to prove whether the commuting was under the control of an employer.
The main labor-related law in relation to these industrial accidents sets forth,
“If an employee suffers any injury, disease, or disability or dies due to any of the following causes,
it shall be deemed an occupational accident: Provided, that this shall not apply where there is no proximate causal relation
between his/her duties and the accident; and “any accident that occurs while he/she commutes to or from
work using a transportation means provided by his/her business owner or another similar means under the control and
management of his/her business owner, or that occurs while he/she commutes to or from work using other common route and method.
(See paragraph① of Article 37 of Industrial Accident Compensation Insurance Act)
In order to find out whether the occurrence of cerebrovascular diseases or accidents on commuting has a proximate
causal relationship with the duties and whether it is under the control of an employer, it is necessary to be well versed
in the relevant specialized legal principles, and based on this, it is necessary to have detailed practical experience
related to how various types of how various types of cases are applied at the government relief agency.
Although it is possible for a party to work hard to learn theoretical knowledge and to acquire experience knowledge
through various indirect means, it is fundamentally difficult to learn at once, and it takes considerable effort to
acquire competence. In this respect. seeking the help of experts with advanced capabilities may also be an effective
winning strategy in dealing with industrial accident cases.