Consultations on weekends, holidays and evenings  |  12 offices across Korea
Frontier Law FirmLabor Group Labor consultation010-8336-6014

HomeCases for workersIndustrial accident claims & appeals

Industrial Accident Lawyer: Approval and Appeals After Denial

Criteria for work-related accidents, how to file, and how to appeal a denial

In an industrial accident (산재) claim, the account of the accident in the application and the first medical record greatly affect whether the claim is approved. A labor lawyer can help you document the link between the work and the accident from the start. If your claim is denied, you must appeal within 90 days.

When an Accident Is Recognized as Work-Related

TypeTypical examplesMain point of dispute
Work-related accidentFalls or being caught in machinery during work, accidents on a business trip, accidents at a company eventWhether the accident happened during a private activity
Work-related illnessCerebral hemorrhage or myocardial infarction, musculoskeletal disorders, noise-induced hearing loss, occupational cancer, mental illness caused by harassmentThe relationship between the work burden or exposure to harmful substances and the onset of the illness
Commuting accidentAn accident while commuting by the usual route and methodWhether the worker left the usual route, and whether the act was necessary for daily life

A causal link does not have to be proven clearly in a medical or natural-science sense. The court recognizes it if, considering the worker's health condition, the content and intensity of the work, and how the illness developed, it can be inferred that the work caused the onset or worsening of the illness. Even if you had a pre-existing condition, it can be a work-related injury or illness if the work made the condition worse faster than its natural course.

Insurance Benefits You Can Receive

BenefitDetails
Medical care benefit (요양급여)Treatment costs. Paid when the medical care period is 4 days or more (the employer bears the cost for 3 days or less)
Temporary incapacity benefit (휴업급여)70% of the average wage (평균임금) for the period you could not work
Sickness compensation annuity (상병보상연금)Paid instead of the temporary incapacity benefit if you have not recovered after 2 years of medical care and are in severe care condition grades 1 to 3
Disability benefit (장해급여)If a disability remains after treatment, an annuity or lump sum according to grades 1 to 14
Survivors' benefit and funeral expenses (유족급여·장례비)For a work-related death, an annuity (as a rule) or lump sum to the bereaved family, and funeral expenses to the person who held the funeral
Nursing care benefit (간병급여)When nursing care is still needed after treatment has ended

Industrial accident insurance benefits are not reduced even if the worker was at fault. However, they do not include compensation for emotional distress (위자료). If the company or a third party is responsible, you can separately claim the difference through a civil damages claim.

How to File and the Employer's Cooperation

You or your bereaved family file the medical care benefit application directly with the Korea Workers' Compensation and Welfare Service (근로복지공단). The employer's confirmation or seal is not required, and you can apply even if the company refuses to treat the case as an industrial accident. The Service asks the employer for its opinion but is not bound by it.

For a work-related illness, the Service branch refers the case to the Occupational Disease Determination Committee (업무상질병판정위원회) for review. The committee decides based on the submitted documents and the accident investigation results, so it is important to submit enough materials at the application stage that concretely show your working hours and job duties.

  • Accident report: date, time, place, work being done, witnesses
  • First medical record and diagnosis: check that it states the injury happened during work
  • Working hours records: commuting records, work schedules, PC logs, work messenger
  • Job content records: photos and videos of the work, substances handled, statements from coworkers

Appeal Procedure After a Denial

  1. Check the reason for denialReview the decision notice and determination document, and the accident investigation report and advisory physician's opinion obtained through an information disclosure request
  2. Request for review (심사청구)Within 90 days of learning of the decision, to the Korea Workers' Compensation and Welfare Service (reviewed by the Industrial Accident Review Committee, 산재심사위원회)
  3. Request for re-examination (재심사청구)Within 90 days of learning of the review decision, to the Industrial Accident Compensation Insurance Re-examination Committee (산업재해보상보험재심사위원회)
  4. Administrative lawsuit (행정소송)Within 90 days of learning of the disposition or ruling, to the Administrative Court (행정법원). You can file directly without a request for review

If you dispute the decision again with the same materials, the result is unlikely to change. You need materials suited to the reason for denial: if the reason is insufficient working hours, find the missing working hours; if the medical causal link is insufficient, supplement it with an opinion from your treating doctor or a court appraisal. In an administrative lawsuit, a court medical record appraisal gives you a chance to obtain a medical judgment different from that of the Service's advisory physician.

Dismissal Ban During Recovery and Your Relationship with the Company

A worker cannot be dismissed during the period of medical care for a work-related injury or illness and for 30 days afterward (Labor Standards Act (근로기준법) Article 23(2)). Treating a worker unfavorably because they filed an industrial accident claim can also be a problem.

Concealing an industrial accident is subject to a separate sanction against the employer. If the company proposes handling the case as a private settlement (공상) and discourages you from filing, you should first consider that if your after-effects become worse after you agree to the private settlement, it may become difficult to receive insurance benefits.

Industrial Accident Benefits and Appeal Deadlines

ItemLegal basisSummary
Recognition of a work-related accidentIndustrial Accident Compensation Insurance Act (산업재해보상보험법) Article 37Where a work-related accident, work-related illness, or commuting accident has a reasonable causal link with the work
Temporary incapacity benefitIndustrial Accident Compensation Insurance Act Article 5270% of the average wage (평균임금) per 1 day of the period you could not work because of medical care
Funeral expensesIndustrial Accident Compensation Insurance Act Article 71120 days' worth of the average wage (within the maximum and minimum amounts)
Request for reviewIndustrial Accident Compensation Insurance Act Article 103Within 90 days of learning of the insurance benefit decision, to the Korea Workers' Compensation and Welfare Service (근로복지공단)
Request for re-examinationIndustrial Accident Compensation Insurance Act Article 106Within 90 days of learning of the review decision, to the Industrial Accident Compensation Insurance Re-examination Committee (산업재해보상보험재심사위원회)

You can also file an administrative lawsuit directly without going through a request for review. In that case, you must file the lawsuit within 90 days of learning of the disposition. The right to receive insurance benefits expires if not exercised for 3 years (5 years for disability benefits, survivors' benefits, and similar benefits).

What to Check Before Filing

  • At your first medical visit, tell the doctor accurately that you were injured during work.
  • Record the work you were doing on the day of the accident and any witnesses.
  • Secure your working hours records for the 12 weeks before the onset of the illness.
  • Even if the company refuses to treat the case as an industrial accident, you can apply directly to the Service.
  • Before signing a private settlement agreement (공상 합의서), consider future treatment costs and the possibility of a disability.
  • Record the date you received the denial notice and keep track of the 90-day deadline.

Industrial accident claims & appeals: frequently asked questions

My company will not file an industrial accident claim for me.
The employer's seal or consent is not required to file. The worker can submit the medical care benefit application directly to the Korea Workers' Compensation and Welfare Service (근로복지공단), and the hospital's administration office sometimes files it on your behalf.
Are part-time and daily workers covered by industrial accident insurance?
As a rule, any workplace that employs even 1 worker must be covered by industrial accident insurance, so part-time and daily workers are also protected. Even if the company has not enrolled in the insurance, the worker can receive insurance benefits, and the Service collects the cost from the employer.
My industrial accident claim was denied. Can I apply again?
As a rule, rather than reapplying for the same accident, you should dispute the denial within 90 days through a request for review or an administrative lawsuit. If the deadline has passed, the possibility of reapplying is considered separately where there is new medical evidence.
If my claim is approved, can I no longer seek damages from the company?
You can. Industrial accident insurance does not pay compensation for emotional distress (위자료), and the temporary incapacity benefit is only 70% of the average wage. If the company breached its duty of care for safety, you can bring a civil claim for the remaining damages after deducting the insurance benefits, plus compensation for emotional distress.

Applicable law: Industrial Accident Compensation Insurance Act (산업재해보상보험법). Written based on the laws in force on 2026-09-17. This page provides general legal information and is not legal advice on a specific case. Labor laws and court decisions change often, so decide how to respond after consulting a lawyer who has reviewed your documents, such as your contract and any notices you received.

This page is an English translation of the Korean original. If the two differ, the Korean version prevails. Korean page ›

Before filing, or after a denial, bring your documents and get a consultation

Check the date on the documents you received, such as a dismissal notice, pay slip or industrial accident decision, and contact us. We will first explain which procedures are still open to you within the remaining time.

Phone consultations are held in Korean. For English, please use the online form.

Phone (Korean)010-8336-6014 Request a consultation online