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Injured at Work and Want to Change Company: Treatment and 산재 First, Resignation Letter Later

If you quit right after an injury, you can lose a lot. First get treatment and apply for 산재 (industrial accident compensation). Then use your 진단서 (medical certificate) to talk with 고용센터 (Employment Center) about changing your workplace.

✓ Last verified 2026-11-02📎 Sources 3

At a glance

  • The order is ① treatment ② records ③ 산재 (industrial accident compensation) application ④ 진단서 (medical certificate) ⑤ talk with 고용센터 (Employment Center).
  • Do not sign a 사직서 (resignation letter) first. It may be recorded as if you left for "personal reasons".
  • You can apply for 산재 by yourself. You do not need your boss's stamp.
  • If you cannot do your current company's work but can do other work, you can apply to change your workplace without your boss's agreement. 고용센터 makes the decision.
  • During your 산재 treatment period and for 30 days after it, dismissal is not allowed.

When does this apply to you

  • You hurt your hand, back or leg at work.
  • Your boss says, "Let's handle it as 공상 (a private deal, without 산재)" or "Quit and go back to Nepal."
  • Even after you get better, it is hard to do the same work again.
  • The company is dangerous, so you do not want to go back.

Steps

  1. Go to the hospital first. Tell the doctor you were hurt at work. The record of your first visit is important. See How to go to the hospital.
  2. Write down the accident. Write the date, time, place, the work you were doing and who saw it. Take photos of the site and of your injury.
  3. Apply for 산재. See How to apply for 산재 when you are hurt at work. If your boss tries to stop you, see When your boss suggests 공상.
  4. Get treatment. If it is approved, you get your treatment costs and 휴업급여 (leave benefit, money for the days you could not work), which is 70% of your average wage. Ask 근로복지공단 (Korea Workers' Compensation and Welfare Service) at 1588-0075.
  5. Ask the doctor for a written opinion. It should say: "Not fit for the current work. Able to work at another workplace." When you want to change company because of illness has sentences you can say.
  6. Talk with 고용센터 about the timing. Bring your 진단서, 외국인등록증 (alien registration card) and 근로계약서 (employment contract). Ask when it is best to apply.
  7. If your period of stay may end first, see If your period of stay ends during 산재 treatment.

It depends on the reason

Situation Reason Number of changes
You were hurt and cannot do this company's work, but can do other work Injury reason Counted
An injury or illness that needs 3 months or more of treatment because the company violated the Occupational Safety and Health Act Employer's fault reason Not counted
A company where dangerous accidents happen again and again See Dangerous company 고용센터 decides

If you apply for the employer's fault reason, you must apply before 4 months have passed from the day you returned to the workplace. Ask 고용센터 or 1350 which reason applies to you.

Be careful

  • Sometimes the time limit stops. If a work injury means you cannot apply or get permission, the period is counted from the day that reason ended. You prove this with your 진단서 and 산재 documents, so keep them safe.
  • Do not sign a 합의서 (settlement agreement). If you take a few hundred thousand 원 and write "I will not claim anything more", the dispute becomes complicated. Before you sign, ask 1588-0075 or 1350.
  • You may have a lasting disability. For the money you can get after treatment ends, see 장해급여 (disability benefit).
  • Do not leave the company without telling them. See Threats to report you as a runaway.

Frequently asked questions

Q. If I change company, will I lose my 산재? A. 산재 compensation is paid by 근로복지공단. As a rule, you do not lose it because you changed company. If your case is still in progress, tell 근로복지공단 and check with them.

Q. I already signed a 사직서. A. You can still apply for 산재. Take a photo of the paper you signed and ask 1350 or 1577-0071 right away.

Q. Can I work at another company during treatment? A. No. Working without permission is illegal, and it may also cause problems with your 휴업급여.

Where to get help

  • 근로복지공단 1588-0075
  • 고용노동부 (Ministry of Employment and Labor) customer service 1350
  • 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days, 09:00~18:00)
  • Emergency 119
💬 Have a question? Ask here📞Phone calls in Korean are hard?AI calls for you, negotiates price and dates, or interprets live. first 10 minutes free · Badayo, by the Mitra team›

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Legal basis

  • 외국인근로자의 고용 등에 관한 법률 제25조제1항제3호·시행령 제30조(상해 등으로 현 사업장 근무 부적합, 다른 사업장 가능) (Act on Foreign Workers' Employment, Article 25(1)3 and Enforcement Decree Article 30: because of injury or similar, not fit for the current workplace but able to work at another workplace)
  • 외국인근로자의 고용 등에 관한 법률 제25조제1항제2호·고용노동부 고시(사업주의 산업안전보건법 위반으로 3개월 이상 요양 필요 시 사업주 귀책) (Act on Foreign Workers' Employment, Article 25(1)2 and Ministry of Employment and Labor notice: if the employer's violation of the Occupational Safety and Health Act means you need 3 months or more of treatment, the employer is at fault)
  • 근로기준법 제23조제2항(요양 기간과 그 후 30일 해고 금지) (Labor Standards Act, Article 23(2): no dismissal during the treatment period and for 30 days after it)
  • 산업재해보상보험법(요양급여, 휴업급여 평균임금의 70%) (Industrial Accident Compensation Insurance Act: medical care benefit, and leave benefit of 70% of average wage)

Sources

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