If a worker gets injured at work, or on the way to work, and workersf compensation is granted, even a foreign worker can be compensated for the expenses of a hospital visit or a hospital stay through the national Worker's Accident Insurance. In case a worker has to be absent owing to injury, 80% of his or her salary for the duration of the absence can be provided. Even after the worker gets well, it is not necessary for the worker to pay back the money he or she received.
If a worker dies at work or on the way to work, bereaved family compensation or funeral assistance is provided for the family of the worker who dies.
College students and pre-college students who are doing part-time jobs and foreign workers who overstay their visas are also eligible for the compensations mentioned above.
The application procedure for workersf compensation
A worker can ask the office or company for which he or she works to apply for workersf compensation; however if the office or company does not grant workersf compensation, the worker can also apply for it by himself or herself.
In the case of the application for workersf compensation, there are different kinds of application forms depending on the compensation demanded. An application must be filled out completely including name, address, and details about the injury and it must be filed with the nearest labor standards inspection office where a worker works.
If a worker who overstays demands workersf compensation, the labor standards inspection office is not supposed to report him or her to the immigration office during the examination of the demanded workersf compensation.
It is not difficult for a worker to apply for workersf compensation but if a worker needs professional help, please do not hesitate to contact us for consultation.
The prescription of the Worker's Accident Insurance
There is a prescription on workersf compensation. The compensation for the expenses of a hospital visit or a hospital stay or for the salary for the duration of being absent from work, must be applied for within two years after an accident occurs at work or on the way to work. A workerfs family is eligible to apply for bereaved family compensation within five years of the death of a worker. Funeral assistance needs to be demanded within two years after death.
As for trainees
If organizations that foreign trainees work for have Worker's Accident Insurance, then there is a possibility for the trainees to be compensated for the expenses of a hospital visit, a hospital stay, or for their salary for the duration of being absent from work through the Worker's Accident Insurance.
Claim for damages to the company
Even if workersf compensation is granted, there are cases where the compensation might not cover damages. In that case, a worker can ask the office or company for which he or she works for the difference of the shortfall in compensation. When you want to know if you can file a suit for damages or need negotiations or a trial to claim for compensation, please do not hesitate to contact us for consultation.