Hurt at Work: Workers' Compensation and Company Refusal
Last checked: 2026-11-03
This article was translated by AI. If anything differs, the Korean original prevails. Read the Korean original
If you are hurt at work, treatment comes first. Then you can apply for industrial accident compensation insurance (산재보험). It is not the company but the Korea Workers' Compensation and Welfare Service (근로복지공단) that investigates and decides whether it counts as a work accident.
What to do right after the accident
- If it is urgent, call 119 right away.
- Tell the hospital clearly that you were hurt at work.
- Write down the date, time and place of the accident and what you were doing. Take photos, and also keep the contact details of anyone who saw it.
- Keep your medical certificate, receipts, and your conversations with the company.
How to apply
While you wait for the decision, you can first get treatment with health insurance. If it is later recognized as a work accident, you can claim back the matching amount of what you paid.
- Prepare the medical care benefit application (요양급여신청서) and a doctor's opinion.
- Submit them to the branch of the Service in charge of your workplace. You can also submit online through the Employment and Industrial Accident Insurance Total Service (고용·산재보험 토탈서비스).
- If the place treating you is an industrial accident insurance medical institution, the hospital can apply for you when you agree.
- The Service hears the company's opinion and makes a decision. In principle the decision comes within 7 days, and the investigation period and similar time do not count in those 7 days.
What can I receive?
- Medical care benefit (요양급여): the cost of treatment, such as examinations, surgery, hospital stays and medicine.
- Sick leave benefit (휴업급여): for days you could not work because of treatment, you receive 70% of your average wage. If the period you could not work is 3 days or less, you do not receive it.
- If you recover with treatment of 3 days or less, the work accident medical care benefit is not paid. In that case, the employer's accident compensation rules may apply.
- Your right to receive these can disappear after 3 years.
If the company refuses
You can apply for workers' compensation yourself. Since 2018, the application form no longer has a box for the employer's confirmation. You can submit the form even if the company does not acknowledge the accident.
Even if the company did not enroll in the insurance, you can apply if the workplace is covered. It is prohibited to treat you unfavorably because you applied. If this happens, ask the Ministry of Employment and Labor (고용노동부).
Can foreigners apply too?
In principle, the insurance applies regardless of nationality. In a 2022 explanatory document, the Ministry of Employment and Labor said it does not discriminate by stay status, and that people can receive treatment and compensation without distinguishing legal from illegal status.
However, the same document explained that the Service submits materials if an immigration office requests them. If you are worried about your stay status, ask the Foreigner Support Center (외국인종합안내센터).
Some small farming and fishing businesses may not be covered. A labor attaché at a foreign embassy in Korea may also be able to apply for you for free.
Where to ask
Call the customer center of the Korea Workers' Compensation and Welfare Service. If you say you want to apply for workers' compensation, there is a service where staff call you back or visit to help.
Please check
Even if the company says "let's not file for work accident compensation," the right to apply is yours. Before you decide, ask the Korea Workers' Compensation and Welfare Service first.Ask by phone
Official sources
- 찾기쉬운 생활법령정보: 요양급여의 신청 및 지급 (Checked: 2026-11-03)
- 찾기쉬운 생활법령정보: 요양급여의 지급 요건 및 범위 (Checked: 2026-11-03)
- 찾기쉬운 생활법령정보: 휴업급여 (Checked: 2026-11-03)
- 찾기쉬운 생활법령정보: 산업재해보상보험법의 적용범위 (Checked: 2026-11-03)
- 고용노동부 자주하는 질문: 사업주의 산재처리 거부시 처리방법 (Checked: 2026-11-03)
- 근로복지공단 자주 묻는 질문 (Checked: 2026-11-03)
- 고용노동부 설명자료(2022.10.12.): 불법체류 외국인 산재 (Checked: 2026-11-03)
- 고용노동부 보도자료(2024): 주한외국공관에 이주노동자 산재 신청 대리권 부여 (Checked: 2026-11-03)
- 고용노동부 빠른인터넷상담: 3일 이내 요양 재해 (Checked: 2026-11-03)
This is general information. Your situation may differ, so please confirm with the official agency. Report a mistake
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- Health Insurance for Foreigners: Who, When, and Cost
- Help Lines for Foreigners: 1345, 1350, 119, 112
- Using Hospitals and Emergencies: Clinics, Big Hospitals, 119
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