If you are injured at work in Korea, treat the first question as practical, not personal: was the injury or illness work-related, and is the workplace covered by Industrial Accident Compensation Insurance (산재보험)?
For foreign workers, the key official point is that nationality does not block an industrial accident insurance claim in principle. Seoul's English guidance also says foreign nationals working in Korea without proper visa status are considered eligible to apply. That is different from saying immigration questions can never arise, so keep the wording precise: the compensation eligibility rule is not limited to Korean nationals or regular visa holders.
Who Can Claim Workplace Injury Compensation?
Industrial Accident Compensation Insurance (산재보험) is a government-run social insurance system for workers who suffer work-related injuries or illnesses.
The standard rule is broad: the Industrial Accident Compensation Insurance Act (산업재해보상보험법) applies in principle to businesses or workplaces that use workers, and an employer with at least one worker is generally an automatic insurance subscriber. But do not describe this as literally every workplace. Official guidance lists exclusions, including household employment and some small non-corporate agriculture, forestry, fishery, and hunting businesses.
Foreign workers can claim in principle when the injury or illness is work-related. Easy Law states that nationality is not considered for this purpose. Seoul's official guidance says foreign nationals working in Korea without proper visa status are also considered eligible to apply for industrial accident compensation.
What Benefits Does Industrial Accident Insurance Cover?
Industrial accident insurance benefits can include:
- Medical care benefit (요양급여)
- Temporary disability benefit (휴업급여)
- Permanent disability benefit (장해급여)
- Nursing care benefit (간병급여)
- Survivors' benefit (유족급여)
- Injury-disease compensation pension (상병보상연금)
- Funeral expense benefit (장례비)
- Vocational rehabilitation benefit (직업재활급여)
Medical care benefit (요양급여) is for a worker who suffers a work-related injury or illness. It is normally provided through an industrial accident insurance medical institution, and in unavoidable cases a medical-expense payment can be made instead. Because reimbursement details can depend on treatment type, hospital status, and whether a service is covered, ask the Korea Workers' Compensation and Welfare Service (근로복지공단) before assuming every item on a bill will be paid.
Temporary disability benefit (휴업급여) is the main wage-replacement benefit. It is generally 70% of average daily wage for the period when a worker cannot work because of medical treatment for a work-related injury or illness. It is not paid if that non-working treatment period is 3 days or less.
How Do I File an Industrial Accident Claim?
File the industrial accident claim with the Korea Workers' Compensation and Welfare Service (근로복지공단). Easy Law states that a temporary disability benefit claim is submitted to that agency, and that claims can also be made online through the employment and industrial accident insurance total service.
The basic evidence pattern is simple:
- Get medical treatment quickly.
- Tell the doctor how the injury or illness connects to work.
- Keep diagnosis records, receipts, prescriptions, and test results.
- Save wage records, pay slips, employment-contract messages, work schedules, location records, and witness details.
- If the employer disputes the injury, keep messages or documents showing when and how you reported it.
Your employer's opinion does not decide the claim by itself. The worker files with the agency, and the agency decides whether the case qualifies under the law.
What Are the Filing Deadlines?
For temporary disability benefit (휴업급여), Easy Law states that the claim right expires if it is not exercised for 3 years from the day after the day of absence from work.
Other industrial accident benefits can have their own timing rules, and a first claim that requires a work-related-injury decision can matter for the prescription period of other benefits. If months have already passed, do not assume the window is closed. Check the specific benefit and filing route before giving up.
If Your Employer Pushes Back
Common employer responses do not settle the legal question:
- "This was not a work injury." The agency decides work-relatedness under the law.
- "Use ordinary health insurance instead." Get treatment, but ask about industrial accident classification if the injury was work-related.
- "Foreign workers cannot claim." Easy Law says nationality is not considered in principle, and Seoul's official guidance includes foreign nationals working without proper visa status.
- "You need our permission." Easy Law describes the worker submitting claims to the Korea Workers' Compensation and Welfare Service (근로복지공단).
If you are pressured, save the messages. If wages are withheld, employment is ended, or threats are made, treat those as separate labor problems and ask 1350 or a labor office what route fits the facts.
Where To Get Help
Korea Workers' Compensation and Welfare Service (근로복지공단): Handles industrial accident insurance claims. The English information page is at comwel.or.kr/eng, and the online total service is linked from Easy Law for online filing.
MOEL 1350: The official phone consultation page lists 1350 as a paid phone line, weekdays 09:00-18:00, with foreign-language phone consultation in English and Chinese. Use it to ask which claim form and office fit your case.
Legal help: If the employer disputes the case, if documents are missing, or if you are worried about retaliation, ask 1350 where to get labor-law or legal-aid support in your area. For a private lawyer who works in your language, Seoulstart's legal directory lists English-speaking legal help in Korea.
FAQ
Am I covered by workplace injury insurance as a foreign worker?
In principle, yes, if you are a worker at a workplace covered by the Industrial Accident Compensation Insurance Act (산업재해보상보험법) and the injury or illness is work-related. Easy Law states that worker nationality is not considered for this purpose, and Seoul's official guidance says foreign nationals working in Korea without proper visa status are also considered eligible to apply.
Does every workplace have coverage?
Not literally every workplace. The standard rule covers businesses or workplaces that use workers, and an employer with at least one worker is generally an automatic insurance subscriber, but the law and regulations list narrow exclusions such as some household work and some small non-corporate agriculture, forestry, fishery, and hunting businesses.
How much is the wage-replacement benefit?
Temporary disability benefit (휴업급여) is generally 70% of average daily wage for periods when you cannot work because of medical treatment for a work-related injury or illness. It is not paid when the non-working treatment period is 3 days or less.
Where do I file?
Industrial accident benefit claims are handled by the Korea Workers' Compensation and Welfare Service (근로복지공단). Easy Law states that temporary disability benefit claims are submitted to that agency, and claims can also be made online through the employment and industrial accident insurance total service.
What is the deadline?
For temporary disability benefit (휴업급여), Easy Law states that the claim right expires if it is not exercised for 3 years from the day after the day of absence from work. Do not wait if medical records or employer records may become harder to collect.