Workers’ compensation
If a worker gets injured at work, or on the way to work, and workers’ 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 workers’ compensation
A worker can ask the office or company for which he or she works to apply
for workers’ compensation; however if the office or company does not grant
workers’ compensation, the worker can also apply for it by himself or herself.
In the case of the application for workers’ 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 workers’ compensation, the labor standards
inspection office is not supposed to report him or her to the immigration
office during the examination of the demanded workers’ compensation.
It is not difficult for a worker to apply for workers’ 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 workers’ 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 worker’s 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 workers’ 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.