3 industrial accidents, 0 reports, and workers are not consumables.

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  • 03-08
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3 industrial accidents, 0 reports, and workers are not consumables.


 


Consultation type


3 industrial accidents


residence


Changwon City


nationality


Philippines


Residence


E-9


Consultation


E-9 worker A wants to apply for industrial accidents. Working three industrial accidents while working. At first, he did not know that he could apply for industrial accidents. I found out that I could apply for myself after the first industrial accidents, but the employer did not apply for industrial accidents because of all two treatment costs. But when I get hurt for the third time, I ask for help.


Process


and


result


1/9


   The client visits the center to help the industrial accident. Asked why he did not apply for industrial accidents even though he had been scattered three times. The client was anxious that he would not pay his salary if he was uncomfortable with his business owner, and he was sorry for the employer who paid all the hospital expenses.


However, the employer has ordered his work from the next day he went to the hospital. He said he could not move his hands properly because of pain, but the employer said he was forced to return to work to the worker, saying, "I paid for the treatment."


   The client wants to apply for industrial accidents first, so he will help to prepare the industrial accident application and submit the necessary documents later.


 

1/10


   The counselor visited the hospital with the client. I asked A's initial record and medical certificate in the original department, and the employee asked the name of A's company, and “I have to call (A). I don't need a medical certificate. ”


   The counselor said, "The employer is a person who is not related to the issuance of documents. Why should I call the employer and check it?" The article written by Mr. A was translated and submitted to the Labor Welfare Corporation for the documents and industrial accidents.


 

1/31


   In order to help Mr. A interpreted the jurisdiction, he was attended by the jurisdiction.


The employer said, “I was paid for all the hospital expenses and was injured. I told you to work because the worker needed it. ”


   Mr. A said, “Even though the pain was severe immediately after the treatment of the hospital, it was instructed to return to work, and if there was an industrial accident, the employer would be penalized for the treatment. I asked the hospital to issue a medical certificate, but I had to check it by phone and confirm that I had to confirm it with the employer.


 

2/6


   In order to avoid fines and disadvantages caused by industrial unexplored, the employer contacted the counselor several times a day so far and urged the cancellation to cancel the application.


   The client will not be able to cancel the application of industrial accidents and does not receive compensation due to industrial accidents, and the employer wants to prioritize the safety of the workers and keep the labor -related laws. Afterwards, if there is an interpreter, it will support the current counseling.


Majority


And


1. According to the law, the employer must help the industrial accidents and provide the necessary materials.


 


Article 116 of the Industrial Accident Insurance Compensation Act (Assistance of Employers, etc.)


① If a person who receives insurance benefits is difficult to do the claim of insurance benefits in an accident, the employer must help it.


 


② Business owners shall prove that if a person who receives insurance benefits requires the proof of receiving insurance benefits.


 


2. Workers may exercise their rights to application for industrial accidents. There is no need for business owner approval.


The employer is obliged to report on the occurrence of industrial accidents. You must write and submit the <Industrial Accident Survey Table> to the competent Labor Office.


 


<Industrial Accident Survey Submission Different


-Summary disaster: Within one month from the date of industrial accidents


-Strae Disaster: Submitted without delay immediately after occurrence


 


3. The employer says, "I will pay for hospital expenses and compensation, so don't report it." This is a violation of the law, resulting in imprisonment of up to one year or fines of up to 10 million won.


 


Article 170 of the Occupational Safety and Health Act (Penalty) A person who falls under any of the following subparagraphs shall be imprisoned for up to one year or fined up to 10 million won.


 


3. Those who concealed the fact that industrial accidents occurred or were a teacher to conceal the facts,


 


It is also a deduction factor when introducing foreign workers (E-9, H-2).


-Minting the facts of industrial accidents in the last 2 years: -5 points


-Records of report obligations related to industrial accidents in the last two years: -5 points

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