Claiming damages
Ask 132, free of charge, whether you can claim beyond what industrial accident cover paid.
The difference
- Industrial accident compensation — paid on set criteria without proving fault, through the Workers' Compensation Service. See industrial-accident-benefits.
- Damages — a civil claim for losses not covered by industrial accident benefits, where the employer was at fault (for example inadequate safety measures).
They are separate; a damages claim can be possible even after receiving industrial accident benefits.
The process
- Take free advice from 132 (Korea Legal Aid Corporation) on the merits and procedure.
- Gather evidence — how the accident happened, what safety measures existed, medical certificates, the industrial accident decision, photographs.
- Check the limitation period. Once it passes, you cannot claim.
- If you qualify, you can get litigation support. See legal-aid-overview.
- If a settlement is offered, take advice before signing.
Key evidence
- The industrial accident approval decision and disability grade
- Photographs and CCTV of the scene
- Whether safety training and protective equipment were provided
- Colleagues' statements
- Treatment records and prognosis
- Income records — used to calculate the loss.
Where to go
- 132 Korea Legal Aid Corporation (free advice, litigation support)
- 1588-0075 Workers' Compensation Service (the decision document)
- 1350 Ministry of Employment and Labour (accident investigation material)
- 1577-0071 Foreign Workforce Support Centre
- Local migrant workers' support centres (interpretation, accompaniment)
Questions people ask
I can't afford a lawyer. If you meet the criteria, 132 supports litigation free or at cost. Take advice first.
The company wants to settle. If the settlement says you waive all claims, it cannot be undone. Always check with 132 before signing.
I have to return home — can I still sue? Sometimes yes. Consult 132 before departure about appointing a representative.
How long does it take? It varies by case. Ask for an estimate during the consultation.
Take care
Once the limitation period passes, no amount of injustice allows a claim. If time has passed since the accident, consult 132 today. Companies often play for time with "wait and we'll sort it out".
Related
industrial-accident-benefits · workplace-death · legal-aid-overview · mediation-labor · free-lawyer
Source
Korea Legal Aid Corporation www.klac.or.kr / As of 2026-08