Mitra KoreaIf You Fell on Ice on the Way to Work: A Commuting Accident Can Be 산재 (Work Injury)
If you get hurt while going to or from work on foot, by bicycle or by bus, it can count as 산재 (work injury). It can count even if the accident was partly your fault.
Quick summary
- Since 1 January 2018, accidents while going to or from work are also covered as 산재 (work injury) (Industrial Accident Compensation Insurance Act, Article 37(1) No. 3). This applies to accidents on or after 29 September 2016.
- It is not only the company bus. If you get hurt on foot, by bicycle, or by bus or subway on the way you usually go to or from work, it may count.
- If you slip on ice on your way to work in winter and get hurt, you can also apply for it as a commuting accident.
- Work injury insurance pays the benefits set by law even if the accident was your fault. You can apply even if you were partly at fault in a traffic accident.
- If you leave your commuting route to do personal things and get hurt, this is usually not covered. But activities needed for daily life, like buying daily necessities or seeing a doctor, are an exception.
When does it count?
① Commuting controlled by the company
- You had an accident while riding a bus or van that the company provides for going to and from work.
- The right to manage or use that vehicle must not belong only to the worker (Enforcement Decree Article 35(1)).
② Other commuting (usual route and method)
- You were walking from the dormitory or your home to the company and fell on ice.
- You fell while going to work by bicycle or motorbike.
- You had an accident while riding a bus or subway.
- You were hit by another car on your way home from work.
"Commuting" means travel between your home and your workplace, or from one workplace to another (Article 5 No. 8).
If you left your route (leaving or stopping)
If you leave your commuting route (leaving) or do something not related to commuting (stopping), accidents during that time and while traveling after that are usually not counted as commuting injuries (Article 37(3)).
But the following activities needed for daily life are exceptions (Enforcement Decree Article 35(2)).
- Buying things you need for daily life (example: a supermarket on the way home)
- Taking job skills education or training at a school or job training center
- Voting in an election or national referendum
- Taking a child or disabled person you care for to a childcare or education facility, or picking them up
- Seeing a doctor at a hospital or 보건소 (public health center)
- Caring for a family member who is receiving treatment at a hospital or similar place
If it is not one of the above, like visiting a friend's house or coming back from a drinking party, it is hard to get it accepted. If you are not sure about your case, ask 근로복지공단 (Korea Workers' Compensation and Welfare Service) at 1588-0075.
Steps
- Get treatment first. If you are badly hurt, call 119. At the hospital, say "I got hurt on my way to work (on my way home from work)."
- Record the place. Take photos of where you fell (ice, stairs, etc.), and note the time and the weather. If it was a traffic accident, keep the police report details, the other vehicle's information, and the insurance company's claim number.
- Write down your commuting route. Write home (dormitory) → accident place → company, in that order. Also write the transport you usually use and your usual time to go to work. Your transport card history or map app records can also help.
- Submit the 요양급여신청서 (application for medical care benefits). Submit it with the doctor's opinion (소견서) to the 근로복지공단 branch office that covers your workplace, in person, by mail or by fax. Or you can ask a hospital that works with work injury insurance to apply for you. You do not need your boss to confirm it or stamp it. The 근로복지공단 will ask your boss for their opinion separately.
- Wait for the decision. The rule is that the 근로복지공단 decides within 7 days, but it takes longer if they need to investigate.
The general way to apply for 산재 is in How to apply for 산재 when you get hurt at work.
How it works with car insurance
- You can apply to both, but you cannot get the same money twice. For example, 휴업급여 (sick leave benefit from work injury insurance) and 휴업손실액 (lost income payment from car insurance) are the same kind of money, so you cannot get both.
- Even if you already used car insurance first, if the work injury sick leave benefit is bigger, you can get the difference from work injury insurance (고용노동부 (Ministry of Employment and Labor) press release, 2018-02-01).
- Car insurance can pay less depending on how much of the accident was your fault. Work injury insurance pays the benefits set by law no matter whose fault it was.
- Before you accept a settlement payment from the other side's insurance company, ask the 근로복지공단 first. Money you received for the same reason can be taken out of your work injury benefits (Article 87).
What to prepare
- 외국인등록증 (Alien Registration Card), passport, bank account in your own name
- Hospital 진단서 (medical certificate) and 소견서 (doctor's opinion), receipts
- Photos of the accident place, notes of the date and time
- Notes of your commuting route, transport card history
- For a traffic accident: police accident record, insurance company claim number, the other person's information
Be careful
- If the cause was a crime, such as drunk driving, it may not be accepted as a work-related injury (Article 37(2)).
- Accidents inside company facilities, such as getting hurt while walking from a dormitory inside the company to the work area, may be judged differently. Check with the 근로복지공단.
- There is a time limit to apply. For 요양급여 (medical care benefit) and 휴업급여 (sick leave benefit) it is 3 years. For 장해급여 (disability benefit) it is 5 years.
- Even if your boss says "an accident on the way to work has nothing to do with the company," you can apply by yourself.
- In winter, wear non-slip shoes, and on icy roads, take your hands out of your pockets when you walk.
Frequently asked questions
Q. I was walking from the dormitory to the company, fell on ice, and broke my wrist. A. If you were going to work on the way you usually go, you can apply for it as a commuting injury. Prepare photos of where you fell and your 진단서 (medical certificate). If the injury does not heal within 3 days, you can get 요양급여 (medical care benefit).
Q. I stopped at a supermarket on my way home from work and got hurt on the way home after that. A. Buying daily necessities is an activity needed for daily life, so it is an exception. If the accident happened after you left the supermarket and came back to your usual route, it can be seen as a commuting injury.
Q. I fell by myself while riding my bicycle. It was my fault. A. Work injury insurance pays benefits no matter whose fault it was. But it is different if the cause was a crime.
Q. The other car's insurance company is already paying for my treatment. A. You can also apply for 산재. You cannot get money twice for the same item, but if the work injury benefit is bigger, you can get the difference. Before you sign a settlement agreement, call 1588-0075 for advice.
Where to get help
| Organization | Phone / Website | What they do |
|---|---|---|
| 근로복지공단 | 1588-0075 / comwel.or.kr | Advice on applying for a commuting injury |
| Emergency | 119 / Report an accident 112 | When you are hurt, traffic accidents |
| 외국인력상담센터 (Foreign Workforce Counseling Center) | 1577-0071 | Advice in many languages, including Nepali. 365 days, 09:00~18:00 (Saturdays and public holidays: staff on duty) |
| 외국인종합안내센터 (Immigration Contact Center) | 1345 | 3-way interpretation for calls with public offices. Nepali on weekdays 09:00~18:00 |
| 고용노동부 고객상담센터 (Ministry of Employment and Labor Customer Center) | 1350 | Labor advice |