Table of Contents
- Can foreign workers receive industrial accident compensation?
- Key Applicable Law: Industrial Accident Compensation Insurance Act
- Summary of Compensation under the Labor Standards Act
- Procedures When an Industrial Accident Occurs
- Duplicate Compensation and Precautions
- Summary
1. Can foreign workers receive industrial accident compensation?
Foreign workers with an E-9 visa are entitled to the same compensation as Korean workers.
The Industrial Accident Compensation Insurance Act applies to all workers who are injured on the job, regardless of nationality.
Even if employment type or visa status (including E-9) differs, foreign workers legally employed are eligible for compensation.
For more information, please visit the official website of the Korea Workers’ Compensation & Welfare Service (COMWEL).
2. Key Applicable Law: Industrial Accident Compensation Insurance Act
When an industrial accident occurs, compensation is generally governed by the following two laws:
- Industrial Accident Compensation Insurance Act: Compensation is provided through insurance managed by the government (COMWEL)
- Labor Standards Act: Compensation is directly the employer's responsibility
Workplace accident insurance is mandatory in principle for each business unit, and all workplaces employing foreign workers are subject to this requirement.
3. Summary of Compensation under the Labor Standards Act
Foreign workers who suffer an industrial accident can receive the following types of compensation.
Compensation Item | Details |
Medical Benefits | Covers full medical costs (hospital bills, medication, etc.) |
Temporary Disability Benefits | Compensates lost income during recovery (approx. 70% of wages) |
Disability Benefits | Compensation for long-term disability or aftereffects |
Survivor Benefits | Provided to family members if the worker dies |
Nursing Care Benefits | Additional compensation for those requiring long-term care |
4. Procedures When an Industrial Accident Occurs
If an industrial accident occurs, follow these steps:
- Receive immediate medical treatment and obtain a hospital diagnosis
- Submit an accident claim form to COMWEL
- Cooperation needed from the employer and hospital (e.g., request for approval)
- Approval decision by COMWEL
- Compensation or benefit payment
📌 If the employer refuses or obstructs the claim, the worker can report directly to COMWEL.
5. Duplicate Compensation and Precautions
- You cannot claim both industrial accident insurance and file a civil lawsuit for the same accident.
- If the employer refuses or delays processing the accident, you may seek help from a legal aid agency.
- You can file a claim regardless of your visa status (even after leaving your job)
📌 Compensation may be limited if the accident was caused by your own intentional or gross negligence.
6. Summary
Foreign workers holding E-9 visas are fully eligible for industrial accident compensation insurance.
In the event of an accident, you may receive various forms of protection such as medical treatment, income loss benefits, disability, and survivor compensation in accordance with legal procedures.
Do not give up your rights due to language barriers or passive responses from employers. Be sure to go through the proper process to receive the compensation you deserve.