How to File a Workers' Compensation Claim in Korea: Complete Guide for Foreign Workers

What Is a Workers' Compensation Claim?

A workers' compensation claim (산재신청) is the procedure for requesting compensation from the Korea Workers' Compensation & Welfare Service (근로복지공단) when an injury, illness, or death occurs in the course of work. Under the Industrial Accident Compensation Insurance Act (산업재해보상보험법; hereinafter "the Act"), any workplace employing one or more workers is required to enroll in workers' compensation insurance, meaning the vast majority of workers are covered.

Note for foreign workers: The statutory protections described in this article apply regardless of nationality. However, your employment contract may specify terms that differ from the statutory minimum — always check your contract as well.

Scope of Recognized Industrial Accidents

Article 37 of the Act (산재보험법 제37조) classifies work-related accidents into three main categories:

• Work-related accidents (업무상 사고): Injuries caused by machinery or equipment defects, falls, collisions, or similar incidents during work
• Occupational diseases (업무상 질병): Conditions such as cardiovascular and cerebrovascular diseases caused by exposure to hazardous substances, overwork, or stress; occupational cancers; etc.
• Commuting accidents (출퇴근 재해): Accidents occurring while commuting to or from work via the usual route and method

Approval requires recognition of a substantial causal relationship (상당인과관계) between the work and the accident or illness. The Supreme Court has held that cases where "work was the primary cause of the accident or aggravated a pre-existing condition" also constitute work-related accidents (Supreme Court Decision 2017다218246, etc.).

Step-by-Step Workers' Compensation Claim Procedure

Step 1: Begin Treatment at a Designated Medical Institution

Visit a medical institution designated by the Korea Workers' Compensation & Welfare Service immediately after the accident. If you initially received treatment at a non-designated hospital, transfer to a designated institution is possible at a later stage.

Step 2: Submit the Medical Care Benefits Application

Complete a medical care benefits application form (요양급여신청서) and submit it to a branch of the Korea Workers' Compensation & Welfare Service. Submission is possible online (via the Korea Workers' Compensation & Welfare Service website), in person, or by mail. Key documents to attach are as follows:

• Medical care benefits application form (공단 서식; official form)
• Initial examination opinion or medical certificate (초진 소견서 또는 진단서)
• Accident circumstances statement written by the worker (재해 경위서)
• Witness statement or CCTV footage (if available)

The form includes a section for the employer's confirmation, but even if the employer refuses to sign, the application itself can still be submitted.

Step 3: Investigation and Approval by the Korea Workers' Compensation & Welfare Service

After receipt, the Korea Workers' Compensation & Welfare Service determines whether the accident qualifies as a work-related accident within an average of 14 to 30 days. Complex cases (occupational diseases, death from overwork, etc.) may take longer as they go through review by an advisory medical committee.

Step 4: Receiving Benefits

Once approved, treatment costs (medical care benefits / 요양급여) are paid directly by the Korea Workers' Compensation & Welfare Service to the hospital. During the period the worker is unable to work, temporary disability benefits (휴업급여) equal to 70% of average wages are paid. If a disability remains after treatment ends, disability benefits (장해급여) are paid according to the disability grade (grades 1–14).

How to Appeal a Rejected Claim

If you disagree with a rejection decision by the Korea Workers' Compensation & Welfare Service, you may contest it in the following order: review request (심사청구) within 90 days → re-examination request (재심사청구) within 90 days → administrative litigation (행정소송) (Articles 103 and 106 of the Act / 산재보험법 제103조, 제106조). A significant number of rejected cases are overturned at the review or re-examination stage, so it is important not to give up.

Practical Tips

• Immediately after the accident, secure photos, videos, and the contact information of any witnesses.
• Even if your employer discourages a formal workers' compensation claim and suggests handling it privately (공상 처리), private settlement makes it difficult to obtain additional compensation if aftereffects arise later.
• Mental health conditions (e.g., depression caused by work-related stress) are also eligible for workers' compensation recognition.

The workers' compensation insurance regulations that apply may vary depending on the number of regularly employed workers. You can use Byro (workbylaw.com)'s regularly employed worker count calculator to quickly check the applicable standards for your workplace. If you need help reviewing workers' compensation documents or drafting a complaint, try Byro's AI search and contract/document review features as well.

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