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 challenging due to insufficient documentation.

Nevertheless, do not give up. By following the steps below, the path to filing a WCB claim may open up.

2. If you only received self-treatment like Mr. I, here are the documents you need to prepare

The most important aspects in workers' compensation are proving that the injury occurred while working (proof of work-related injury) and that the injury or illness is still present (proof that the injury or illness was caused by the accident).

1) Proving the fact of a work-related injury

• Write an accident report

- Describe in detail what happened, when (date), where (workplace/site), what work you were doing, and how you were injured.

• Evidence from the time of the accident

- Photos of the accident scene, photos of the injured area, etc.

- Statements from colleagues or witnesses who were present (written in their own handwriting)

- Work attendance records, wage payment records, work hour records, etc., to prove employment

- If possible, obtain statements from nearby individuals (colleagues, friends).

2) Proving the nature of the injury

o Personal symptom record

- Document the pain, symptoms, and improvement (if any) at the time of the incident and afterward in a diary or notes.

o Statements from nearby individuals

- Colleagues, family members, or friends should write a statement describing the condition of the injured party after the accident.

o Seek medical treatment immediately

- This is absolutely necessary!

- Visit a hospital to obtain a medical diagnosis and medical records regarding your current symptoms.

- Inform the doctor in detail about the situation, stating that the current symptoms are residual effects from an accident that occurred two years ago, and request that the doctor specify that the current condition is related to the past injury.

o Physician's opinion letter

- Request the physician to provide as detailed an opinion as possible confirming that the injury has been neglected for an extended period, as this will be helpful for the workers' compensation review.

3) Additional documents

o Pharmacy records of any medications taken at the time

o KakaoTalk messages, texts, or photos (including conversations or photos showing difficulties due to lack of treatment) from the time of the accident or during treatment

o Documents acknowledging the accident from the company, or gather as much information as possible about any details you can recall.

 

3. Practical steps you can take now

1) Don’t wait—get medical treatment now!

o Go to the hospital immediately for an examination and diagnosis, and emphasize that the symptoms are “sequelae from a previous injury.”

o If the doctor determines that the nature of the injury or symptoms could be linked to the past accident, this can be crucial evidence for a workers' compensation claim.

2) Gather all available evidence

o Even if official records are insufficient, personal diaries, text messages, photos, or handwritten statements can serve as important evidence.

o Statements from colleagues or family members can be particularly helpful.

4. Conclusion

o Even undocumented foreign workers are eligible for workers' compensation insurance, and even if there are no hospital records, do not give up. Like Mr. I, starting the process now can increase the likelihood of a successful workers' compensation claim.

o If you have any questions about preparing a workers' compensation claim, please contact me, and I will do my best to ensure your rights are properly protected.

o Was this helpful? I hope many of you find the strength to move forward! End.