Workers' Compensation in Korea: Complete Step-by-Step Guide for Foreign Workers

Workers' Compensation in Korea: Where Do You Start?

If you are injured at work or develop an occupational disease (직업성 질병), you can receive coverage for medical expenses and living costs through industrial accident compensation insurance (산업재해보상보험, workers' compensation insurance). However, many workers are unfamiliar with the procedure and end up using their personal health insurance or paying out of pocket. Below is a step-by-step breakdown of how to handle a workers' compensation (산재) claim.

Note for foreign workers: The statutory entitlements described below apply regardless of nationality. Your employment contract cannot reduce these rights below the legal minimum.

Step 1: Seek Immediate Treatment and Confirm Whether It Qualifies as a Work-Related Injury

Getting emergency first aid is the top priority. After that, you must confirm whether the injury or illness has a causal relationship with your work. Article 5, Item 1 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법 제5조 제1호) defines a work-related injury (업무상 재해) as "an injury, disease, disability, or death of a worker caused by work-related reasons." Accidents that occur while commuting may also be recognized as work-related injuries if certain requirements under Article 37 of the same Act (동법 제37조) are met.

Step 2: Receive Treatment at a Designated Workers' Compensation Medical Institution

Whenever possible, begin treatment at a Korea Workers' Compensation & Welfare Service (근로복지공단) designated medical institution. At designated hospitals, the Service pays the hospital directly, so the worker does not need to pay upfront. If you received treatment at a non-designated hospital due to an emergency, you can attach your receipts when filing your medical care benefit application and receive reimbursement.

Step 3: Submit the Medical Care Benefit Application

After receiving treatment, complete a medical care benefit application form (요양급여 신청서) and submit it to the competent branch of the Korea Workers' Compensation & Welfare Service. The form can be downloaded from the Service's website (comwel.or.kr) or obtained in person at a branch office.

Required Documents
- Medical care benefit application form (completed by the worker)
- Initial medical opinion or diagnosis certificate (issued by the medical institution)
- Accident report describing the circumstances of the incident
- Employer confirmation form (the claim can still be filed even if the employer refuses to provide this)

Any act by an employer that obstructs a workers' compensation application is subject to punishment under Article 84 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법 제84조).

Step 4: Investigation and Approval by the Service

Once the application is received, the Korea Workers' Compensation & Welfare Service will investigate whether the incident qualifies as a work-related injury. Results are typically issued within 7 to 14 days of receipt, though complex cases may take longer. If approved, medical care benefits (요양급여, treatment costs) will be paid, and for any period during which you are unable to work due to treatment, you are entitled to temporary disability benefits (휴업급여) equal to 70% of your average wage under Article 52 of the same Act (동법 제52조).

Step 5: Review of Follow-Up Benefits After Treatment Ends

If a physical disability remains after treatment is complete, disability benefits (장해급여) are paid. In the event of death, survivors' benefits (유족급여) are paid to the bereaved family. If symptoms worsen after treatment has concluded, you may also apply for re-treatment (재요양).

Appealing a Rejection

If the Service issues a rejection, you may file a review request (심사청구) within 90 days of receiving the decision, and may subsequently pursue a re-examination request (재심사청구) or administrative litigation (행정소송) under Articles 103 and 106 of the same Act (동법 제103조, 제106조).

If you need to calculate the number of regularly employed workers (상시근로자 수) during the claims process, you can use the Byro (workbylaw.com) regularly employed workers calculator to quickly confirm your workplace size. You can also use the AI labor law search feature to look up workers' compensation questions instantly.

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