Actual Case of Industrial Accident Handling

The individual is Mr. A, a Uzbek national. While working at B Company, Mr. A was injured when a machine tool overturned during the process of replacing a die on the machine tool, causing him to fall and his right arm to be crushed under the machine. As a result, Mr. A suffered a fracture with exposed bone in his right arm. A received outpatient treatment for one year, and hospital treatment was concluded in July 2024. Until the conclusion of treatment, A was unable to file a work-related injury claim.

A faced three issues: 1. A is an undocumented immigrant. The immigration authorities stated that they could not issue a G1 visa, which is granted to individuals who have suffered a work-related injury, as treatment had been concluded. 2. The company where A was injured had not enrolled in workers' compensation insurance. 3. As an undocumented immigrant, A could not open a bank account in the country. Even if the Korea Workers' Compensation & Welfare Service

approved A's claim for workers' compensation, A would be unable to receive the compensation payment because there was no account to which the funds could be transferred.

I made diligent efforts to resolve A's issues. I argued to the immigration authorities that Mr. A required additional surgery. Ultimately, the immigration authorities waived the fine for Mr. A's illegal stay and granted him a G1 visa. With the G1 visa, Mr. A could legally open a bank account. Additionally, by closely collaborating with the employer and the Korea Workers' Compensation & Welfare Service, the employer enrolled in workers' compensation insurance, enabling Mr. A to receive compensation for the workplace accident.

 



 

Through handling Mr. A's industrial accident case, I gained two insights.

First, foreigners often face significant language barriers, making it difficult to take necessary actions in a timely manner. Fortunately, my office has a staff member who is fluent in both Uzbek and Korean, allowing us to address Mr. A's concerns and resolve the issue effectively.

Second, undocumented immigrants often hesitate to file a work-related injury claim due to concerns about potential legal consequences. However, foreign workers are legally protected from adverse actions such as deportation or employment termination solely based on filing a work-related injury claim.

"Ace" Administrative Attorney Office has interpreters fluent in Uzbek, Russian, and English. If you are facing difficulties due to a work-related injury, please feel free to contact us at any time. Thank you.

Comments

Post a Comment

Popular posts from this blog

Legal Issues to Know When Changing Your Name/Passport, or When Entering or Leaving as a Foreigner

Hello, everyone! I am Kim Seong-in, an Administrative Attorney. Today, I will summarize actual case precedents and practical tips that foreigners must know regarding name changes and passport changes when entering or staying in the Republic of Korea. If you have ever wondered how to comply with entry and exit regulations after changing your name or passport information, be sure to read this article to the end!   Case Examples Based on Actual Precedents   A Chinese national, Mr. A, had previously changed his name and passport information multiple times and entered the Republic of Korea, where he remained illegally. After voluntarily reporting his illegal stay and applying for naturalization, his past history of illegal stay, name change, and passport modification were discovered, resulting in the denial of his naturalization application and an order to depart the country.   A argued, “The name change was for astrological reasons, with no malicious intent, and I...
Read more

Is it possible to change to an E7 visa after being caught working illegally with a D2 visa in Korea?

Hello, I am Kim Seong In, an administrative attorney. Recently, a Chinese student came to my office. He was a fourth-year student majoring in trade at C University. The student stated that they had engaged in illegal employment at S Company for two months. Upon reviewing the student's income verification documents, it was confirmed that they had received 2.1 million won per month from S Company for two months. The student claimed that they had never been detained or fined for illegal employment and inquired whether it was possible to change their visa status from D2 to E7 in the near future. I explained that even if the applicant does not submit an income verification document to the immigration office, the relevant immigration office can verify the applicant's income through information linkage with the National Tax Service, and therefore the applicant could be subject to a fine. However, I advised that since the expected fine amount is less than 2 million won, the applicant m...
Read more

Can undocumented foreigners apply for workers' compensation? – Preparation methods based on Mr. I's case

  Hello. I am Kim Seong-in, an Administrative Attorney. Recently, Mr. I, a foreign worker from Central Asia, visited our "Ace Administrative Office". Mr. I is a foreign worker who was injured while working in Korea but has been unable to apply for workers' compensation due to his illegal status, and has been living alone for nearly two years. We would like to share his heartfelt story, including his situation of not being able to receive hospital treatment and his earnest desire to apply for workers' compensation. 1. Even with illegal residency status, WCB(Workers' Compensation Claim) claims are ‘possible’ Even foreign nationals with illegal residency status are eligible for protection under South Korea's "Industrial Accident Compensation Insurance Act". The WCB claim itself is available to anyone, regardless of immigration status. However, if medical treatment was not sought and only self-treatment was performed, the application process may be chal...
Read more