Industrial Accident Temporary Disability Benefits (휴업급여) in Korea: Eligibility, Amount & How to Apply

What Are Industrial Accident Temporary Disability Benefits?

When a worker is injured on the job or develops an occupational disease and is unable to work, temporary disability benefits (산재 휴업급여) are paid to protect their livelihood during that period. These benefits are based on Article 52 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법, hereinafter "the Act"), and are paid by the Korea Workers' Compensation & Welfare Service (근로복지공단). Unlike ordinary sick leave, these benefits are paid through the national insurance system — not directly by the employer.

Three Eligibility Requirements

To receive temporary disability benefits, all three of the following conditions must be met:

1. Recognition as a work-related injury or disease (업무상 재해): Medical care benefits (요양급여, i.e., treatment costs) must be approved by the Korea Workers' Compensation & Welfare Service. A substantial causal relationship between the work and the injury or disease must be recognized — this is called a "work-related injury or disease" (Article 5, Paragraph 1 of the Act / 산재보험법 제5조 제1호).
2. Currently undergoing medical care (요양 중): The worker must be in a condition requiring medical care due to the injury or disease.
3. Unable to work during the period: Benefits are paid only for days on which the worker was actually unable to work due to medical care. This may include days when work was impossible due to outpatient treatment, even without hospitalization.

How to Calculate the Benefit Amount

Temporary disability benefits are paid at 70% of the daily average wage. The average wage is calculated by dividing the total wages paid during the three months prior to the date of the accident by the total number of calendar days in that period (Article 2, Paragraph 1, Item 6 of the Labor Standards Act / 근로기준법 제2조 제1항 제6호).

Daily temporary disability benefit = Average daily wage × 70%

However, if the calculated amount falls below 80% of the minimum wage, the minimum guarantee amount of 80% of the minimum wage is paid instead. Conversely, a ceiling may apply for high-income earners, so individual confirmation with the Korea Workers' Compensation & Welfare Service is recommended.

Note: Your employment contract may specify sick-leave pay terms, but the statutory minimum is as described above.

For example, if the average daily wage is KRW 100,000, the daily benefit is KRW 70,000. If the worker was unable to work for 30 days, the total amount received would be KRW 2,100,000.

Application Procedure

1. Apply for medical care benefits (요양급여 신청): After the accident, submit a medical care benefits application form to the Korea Workers' Compensation & Welfare Service. Employer confirmation is required, but a worker may apply independently even if the employer does not cooperate.
2. Claim temporary disability benefits after medical care is approved: Once medical care is approved, submit a "Temporary Disability Benefits Claim Form (휴업급여 청구서)" to the Korea Workers' Compensation & Welfare Service. Claims are typically submitted in 1–3 month intervals, and retroactive claims are also possible.
3. Payment decision and receipt: After the Korea Workers' Compensation & Welfare Service reviews the claim and issues a payment decision, the amount is deposited into the designated bank account.

Application forms are available on the Korea Workers' Compensation & Welfare Service website (comwel.or.kr) or at a nearby branch office.

Cautions: Cases Where Benefits May Be Restricted

• Benefits are restricted for injuries caused intentionally or by self-harm by the worker (Article 37, Paragraph 2 of the Act / 산재보험법 제37조 제2항).
• Unauthorized employment during medical care, or failure to report employment, may be treated as fraudulent receipt of benefits.
• In the case of re-treatment (재요양 — recurrence after treatment has concluded), a separate approval process must be completed before temporary disability benefits can be received again.

Check More Easily with Bylaw

If you want to know how your actual take-home amount changes during the period you receive temporary disability benefits, try the salary take-home calculator at Bylaw (workbylaw.com). You can quickly estimate your expected benefit based on your average wage. You can also use the AI labor law search feature to instantly look up questions about industrial accidents, or get help preparing Korea Workers' Compensation & Welfare Service objection documents with the complaint drafting assistant.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.