Hurt at work: who pays the hospital bill? 8 common questions

Common questions

Q. Who pays for treatment? A. If you were hurt at work, it can be handled through 산재보험. However, an injury that heals within 3 days is not covered by 요양급여 (medical care benefit) from 산재보험. In this case, in principle, the company gives you the treatment cost. If you work at a small farm, small fishery or fishing boat, first check which insurance applies, as explained above. If you paid with your own money first, keep all your receipts. If your case is approved as 산재, you can get the money back. See How to apply for 산재.

Q. My hand was caught in a machine. What do I do first? A. The hospital comes first. Tell the doctor that you were hurt at work. Next, write down the date, time, place and the people who saw it, and take photos. In an emergency, call 119.

Q. Can I say that I will take time off? Is there sick leave? A. If you were hurt at work, you can take time off for treatment. If your case is approved as 산재, you receive 휴업급여. In principle, the company cannot dismiss you during time off for treatment of a work injury or for 30 days after it. This also applies to companies with fewer than 5 workers. If your contract ends on the end date written in it, this is not a dismissal. It is the end of the contract. In this case too, the 1-month deadline to apply for a workplace change starts. Tell the company your days off and the reason by text message, and get a 진단서 (medical certificate) or 진료확인서 (proof of treatment). If you stop going to work without telling anyone, it may count as absence without permission. If you are absent for 5 days or more without following the proper process, the company can report it to 고용센터 (Employment Center). However, if you are in danger because of violence or something similar, first go to a safe place and call 112. For an illness not related to work, the time off is unpaid in principle if the company rules or your contract do not include sick leave. See If you take a day off because you are sick.

Q. If I am hurt and take a month off, will I get my monthly pay? A. You do not get your company pay. If your case is approved as 산재, you receive 휴업급여. The basic amount is 70% of your average wage. A higher rate may apply to people with low wages. If the amount is less than the minimum wage, you receive the minimum wage amount. At a workplace with regularly 5 or more workers, time off because of 산재 counts as days worked when your annual leave is calculated.

Q. I am hurt. Can I say that I want to change companies? A. Yes, you can say it. If your current work is difficult but you can do other work, you can apply without the boss's agreement. 고용센터 makes the decision. You apply within 1 month from the day your contract ended. In principle, you need to receive the 근무처 변경허가 (workplace change permit) within 3 months from the application date. If you miss these deadlines, you become subject to leaving Korea. During the time you cannot apply or receive the permit because of a work injury or illness, the period is counted from the day that reason ended. In this case, submit your 진단서 and 산재 documents right away to the 고용센터 in charge of the workplace where you worked. If you submit them late, it may not help you. 고용센터 decides whether this applies to you and how many days remain. The permit fee is 12만 원 (120,000 won), and you start work after the permit is issued. Do not sign a 사직서 (resignation letter) first. The steps are in If you are hurt and want to change companies.

Q. If I change companies this way, does it count toward the number of changes? A. A change because of injury counts. However, if you need 3 months or more of medical care because the company broke the 산업안전보건법 (Occupational Safety and Health Act), it may be treated as a reason that is the employer's fault. If it is accepted as the employer's fault, it does not count. In this case, apply before 4 months have passed from the day you returned to the workplace. If you want to change companies without returning, first ask how these 4 months are counted. If your work contract ends, there is also a separate 1-month deadline from the day it ended. 고용센터 makes the decision. For other reasons, see Dangerous companies. Please check with 고용센터, 1350 or 1577-0071.

Q. What if I still have a disability after treatment ends? A. After treatment ends, check whether you can claim 장해급여 (disability benefit). You claim it within 5 years, counted from the day after the day you healed. See 장해급여.

Q. What if my visa ends during treatment? A. If your 산재 medical care is approved and you are in treatment, you can change to G-1 and continue treatment. Apply before your period of stay ends. See If your period of stay ends during 산재 treatment.

Where to get help

• 근로복지공단 1588-0075
• 고용노동부 (Ministry of Employment and Labor) customer counseling 1350 (Korean, weekdays 09:00~18:00)
• 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days 09:00~18:00. On Saturdays and public holidays, only duty staff work, so there may be no Nepali counselor)
• Emergency 112/119