Workplace Injury Compensation (산재보험) in Korea for Foreign Workers

If you are injured at work in Korea, you are covered. The Industrial Accident Compensation Insurance system (산재보험) pays for your full medical treatment and replaces about 70% of your wages while you recover. This coverage applies to every worker at any workplace with one or more employees, regardless of your visa type or whether you have valid immigration status.

Filing a claim does not trigger immigration enforcement. Your right to compensation is separate from your immigration status. This is by design.

---

Who is covered

Any worker employed at a workplace with one or more employees is automatically covered by Industrial Accident Compensation Insurance (산재보험). There is no separate enrollment required from the worker. Enrollment is the employer's legal obligation.

Coverage includes:

• E-9 and H-2 workers (the most common visa types for manufacturing, agriculture, and construction work)
• E-7, E-2, E-6, and all other employment visa holders
• F-2, F-5, F-6, and other long-term residents
• Workers without valid visa status (undocumented workers)

The Industrial Accident Compensation Insurance Act (산업재해보상보험법) does not exclude workers on the basis of nationality or immigration status. The only practical requirement for a claim is that you were providing labor at the workplace when the injury or illness occurred.

---

Filing a claim does not affect your immigration status

This is the most important fact in this guide.

Workers' compensation is administered by the Korea Workers' Compensation and Welfare Service (근로복지공단), not by the Korea Immigration Service. Claiming compensation for a work injury does not trigger a report to immigration and does not put your visa at risk.

Undocumented workers have a legal right to claim workers' compensation and have done so successfully. The system is deliberately designed so that all injured workers can seek help without fear.

If your employer tells you not to file, or implies that filing will cause immigration problems, that is not accurate. Employer pressure does not cancel your right.

---

What the insurance covers

Medical treatment

All medical costs for a confirmed work-related injury or illness are covered in full. This includes hospital fees, surgery, medication, rehabilitation, and follow-up treatment at K-COMWEL-approved medical facilities. There is no copayment for covered work-related conditions.

Temporary disability benefit (휴업급여)

If a work-related injury or illness leaves you unable to work, you receive the temporary disability benefit (휴업급여). The standard rate is approximately 70% of your average daily wage for each day you cannot work (as of 2026, verify current rate at comwel.or.kr).

Your average daily wage (평균임금) is calculated from the 3 months of wages immediately before the injury date. It includes your base salary and regular contractual allowances.

For reference: a worker earning approximately 2.8 million KRW per month would receive roughly 1.96 million KRW per month in temporary disability benefit during recovery. Actual amounts depend on your specific wage history.

Permanent disability benefit (장해급여)

If a work-related injury or illness leaves you with lasting physical impairment, you receive a permanent disability benefit (장해급여). The benefit is determined by the severity grade of the disability under a schedule set in the IACI Act. Depending on the severity, the benefit is paid as a pension or as a lump sum. K-COMWEL's medical examiners assess the grade.

Survivors' benefits (유족급여)

If a worker dies as a result of a work-related injury or illness, surviving family members receive a survivors' benefit (유족급여). This is paid as a pension or lump sum depending on the family situation. The insurer also pays funeral expenses separately.

Nursing care and rehabilitation

Workers who recover from a serious injury but require ongoing personal care receive a nursing care benefit (간병급여). Vocational rehabilitation support is also available through K-COMWEL for workers who need help returning to work.

---

How to file a claim

You file directly with the Korea Workers' Compensation and Welfare Service (근로복지공단) at comwel.or.kr. You do not need your employer's cooperation or permission.

Step 1: Seek medical treatment immediately

Go to a hospital or clinic as soon as possible after the injury. Ask the doctor to document that the injury or illness is work-related. Keep every receipt, diagnosis document, and medical record.

If your employer tells you to use ordinary health insurance (NHIS) rather than workers' compensation, do not ignore this. Get treated first. You can still file a workers' compensation claim afterward and have the treatment reclassified.

Step 2: Report the injury to your employer (if possible)

Notify your employer that you were injured at work. You do not need their agreement. If your employer is hostile, keep a record of when and how you notified them. Written notice is better than verbal.

Step 3: File with K-COMWEL (근로복지공단)

File a claim at the K-COMWEL regional office nearest your workplace or at comwel.or.kr. You can also call the multilingual helpline 1350 for step-by-step guidance in English, Vietnamese, Chinese, Indonesian, Filipino, Thai, and other languages.

Documents that help your claim:

• Medical records and diagnosis confirming the work-related injury or illness
• Employment contract or any document showing you worked at the workplace
• Wage records or pay slips from the 3 months before the injury
• Any witness statements or workplace incident reports

If you do not have formal employment documents (common for undocumented workers), you can still file. K-COMWEL can investigate the employment relationship using other evidence, including testimony and workplace records.

Step 4: Do not delay

There are filing deadlines under the IACI Act, running from the date of injury or the date of diagnosis for a work-related illness. Gathering medical records promptly is the most important step. Late or missing medical documentation is the most common reason claims are delayed. Call 1350 for current deadline guidance.

---

If your employer refuses to cooperate

Your employer's cooperation is not required for a valid claim. K-COMWEL has authority to investigate independently and can gather workplace records from the employer directly.

Common employer tactics and what they actually mean:

• "This is not a work injury." K-COMWEL decides whether an injury is work-related, not your employer.
• "Just use your NHIS coverage." You can still file workers' compensation, even after initial treatment under NHIS.
• "Filing will cause problems with your visa." Not accurate. The claim is separate from immigration status.
• "Sign this waiver." A waiver of your workers' compensation rights is not legally valid under Korean law.

If your employer retaliates against you for filing a claim (firing, threatening, withholding pay), this is a separate legal violation. Document the retaliation and call 1350 or contact the nearest Ministry of Employment and Labor regional office.

---

Help resources

1350 multilingual helpline: Free Labor Ministry consultation by phone in multiple languages. Available during business hours. They can walk you through the K-COMWEL claim process and answer questions about your specific situation.

K-COMWEL (근로복지공단): The agency that processes all claims. Regional offices are in every major city. Website in English at comwel.or.kr/eng.

Legal Aid Corporation (대한법률구조공단): Free legal representation for workers below income thresholds. Foreign workers are eligible. Website: klac.or.kr.

Seoul Foreign Workers Center and regional migrant worker centers: Community-based support offices that help migrant workers navigate claims, often with staff who speak E-9 worker community languages. Search "외국인 근로자 지원센터" plus your city name.

---

Leaving Korea with an open claim

If you need to leave Korea while your claim is being processed, your claim does not automatically close. You can appoint a representative (a lawyer, a community organization, or a trusted contact) to handle the claim on your behalf. Call 1350 before leaving to understand the current procedure.

If you are in the middle of receiving temporary disability benefit and must depart, discuss the situation with K-COMWEL directly. There may be options depending on your case.

---

FAQ

Am I covered by workers' compensation as a foreign worker in Korea?

Yes. The Industrial Accident Compensation Insurance Act (산업재해보상보험법) covers every worker at a workplace with one or more employees, regardless of nationality or visa type. Coverage is automatic: no separate enrollment is required. E-9, H-2, E-7, E-2, F-series, and all other working visa holders are covered. Undocumented workers are also covered by statute.

Does filing a workers' compensation claim affect my immigration status?

No. The right to workers' compensation is entirely separate from immigration enforcement. Filing a claim with the Korea Workers' Compensation and Welfare Service (근로복지공단) does not trigger a report to immigration authorities and does not put your visa or residency at risk. This separation is deliberate: the law covers all workers so that injured people are not deterred from claiming by fear of deportation.

How much will I receive while I cannot work?

The temporary disability benefit (휴업급여) pays approximately 70% of your average daily wage for every day you are unable to work because of a confirmed work-related injury or illness. Your average daily wage is calculated from the 3 months of wages before the injury date. As of 2026, verify the exact rate at comwel.or.kr, as the calculation method is set by the IACI Act and verified by K-COMWEL.

Do I need my employer's permission to file a claim?

No. You file directly with the Korea Workers' Compensation and Welfare Service (근로복지공단) yourself. Employer refusal, employer threats, or employer silence do not block a valid claim. If your employer pressures you not to file, that does not change your legal right. Keep any threats or instructions not to file as evidence.

What if I am undocumented? Can I still claim?

Yes. The Industrial Accident Compensation Insurance Act covers all workers providing labor at a covered workplace, regardless of immigration status. The only requirement is that you were working when the injury happened. Multiple sources confirm undocumented workers have successfully claimed benefits. Seeking compensation for a work injury will not result in immigration enforcement being triggered by the claim itself.

What does workers' compensation actually cover?

Workers' compensation covers: full medical treatment for the work-related injury or illness, the temporary disability benefit (휴업급여, about 70% of average wage while you cannot work), permanent disability benefits if you are left with lasting impairment, survivors' benefits for families of workers who die from work-related causes, nursing care costs if ongoing care is required, and funeral expenses. Medical treatment costs are covered in full for confirmed work-related conditions.

What is the deadline for filing a claim?

There are filing deadlines that run from the date of injury or the date of diagnosis for occupational illness. Do not delay. Gather medical records as soon as possible after the injury, because late filing or missing records are the most common reasons claims are delayed. The multilingual helpline 1350 can confirm current deadlines in your language.

---

What's changed

• 2026-05-28: Guide first published covering automatic coverage for all workers including undocumented workers, benefit types (medical, 휴업급여, 장해급여, 유족급여), the K-COMWEL claim process, employer tactics, and help resources.

@misc{seoulstart-korea-workplace-injury-compensation-guide,
  author = {{Seoulstart Editorial Team}},
  title = {{Workplace Injury Compensation (산재보험) in Korea for Foreign Workers}},
  year = {2026},
  publisher = {Seoulstart},
  url = {https://seoulstart.com/guides/korea-workplace-injury-compensation-guide},
  note = {Last updated May 28, 2026}
}