Mitra KoreaLasting damage to your finger, hand or leg after a work injury: claim the disability benefit after treatment ends, and do not trade it for the company's settlement money
If your body does not go back to how it was after treatment ends, claim the disability benefit (장해급여) from 근로복지공단. There are 14 grades (1 to 14). Grades 8 and below are paid as one lump sum. Settlement money from the company is separate. Before you sign any agreement that says 'this money ends everything', get advice.
Quick summary
- Your work injury treatment has ended (you are "healed"), but a finger is missing, a joint does not bend, or your strength has not come back. Then you can claim the disability benefit (장해급여). This is separate money. You get it on top of medical costs and sick-leave pay.
- Disability has grades from grade 1 (most serious) to grade 14. Grades 8-14 get a lump sum (one payment). Grades 1-3 get a pension (monthly payments). Grades 4-7 can choose a pension or a lump sum. Even losing one finger can give you a grade. 근로복지공단 (Korea Workers' Compensation and Welfare Service) decides the grade.
- You must claim within 5 years, starting from the day after the day you were healed. Ask 근로복지공단 in advance if you can still claim after you go back to your home country.
- Settlement money from the company and the disability benefit are different money. If you sign an agreement that says "take this money and we are finished", you may be giving up money you could get later. Before you sign, get advice at 1577-0071 or 근로복지공단.
- If you cannot keep doing your work at this company because of the disability, you can apply for a workplace change for health reasons.
When does this apply to you
- You were told your treatment is over, but your body is different from before the accident (lost body part, joint cannot move fully, loss of feeling, scars, weaker eyesight or hearing, etc.)
- The hospital said "there is no more treatment we can do" (this is the point when your disability is judged)
- The company offers you money and says "you are healed, so let's settle and you can quit"
- Your visa period is ending soon after your injury
How much is the disability benefit
The disability lump sum is average wage (for one day) × number of days for your grade. The average wage is your wages for the 3 months before the accident, divided by the number of days in that period.
| Grade | Lump sum days | If average wage is 80,000원 a day |
|---|---|---|
| Grade 14 | 55 days | 4,400,000원 |
| Grade 13 | 99 days | 7,920,000원 |
| Grade 12 | 154 days | 12,320,000원 |
| Grade 11 | 220 days | 17,600,000원 |
| Grade 10 | 297 days | 23,760,000원 |
| Grade 9 | 385 days | 30,800,000원 |
| Grade 8 | 495 days | 39,600,000원 |
| Grade 7 | 616 days (or pension) | 49,280,000원 |
Grades 1-3 get only a pension. Grades 4-7 choose a pension or a lump sum. Grades 8-14 get only a lump sum. The grade depends on which finger, which joint, and how much it cannot bend. You cannot decide your grade yourself. 근로복지공단 decides it. The table above is only an example to show the size of the amounts.
Steps
- Finish all your treatment. If you stop during treatment, it is hard to judge your disability. During treatment, you get sick-leave pay (휴업급여, 70% of your average wage) for living costs. See Applying for industrial accident insurance when you are injured at work.
- When the doctor says you are "healed" (요양 종결, end of treatment), get a 장해진단서 (disability medical certificate) from that hospital. As a rule, you get it from the industrial accident insurance hospital where your treatment ended. Say to the hospital: "산재 장해진단서 써 주세요 (sanjae janghae jindanseo sseo juseyo)".
- Fill in the 장해급여청구서 (disability benefit claim form). Submit it to 근로복지공단 with the 장해진단서 and test records (X-rays, etc.). You can go to a 근로복지공단 branch office, or use the 근로복지공단 website or app. The hospital's administration office (원무과) often helps.
- 근로복지공단 makes a decision. A doctor who advises 근로복지공단 looks at your certificate and test results. If needed, the doctor examines you in person. Then they decide your grade. You will get a notice of the decision.
- The lump sum is paid into your bank account. A pension is paid every month.
- If you think your grade is too low, you can request a review (심사청구) from 근로복지공단 within 90 days from the day you learn of the decision. If you do not accept that result either, you can request a re-review (재심사청구) within another 90 days.
Company settlement money and the disability benefit are different
- The disability benefit is insurance money from 근로복지공단. You get it whether or not the company joined industrial accident insurance (workplaces that hire E-9 workers must join by law).
- Company settlement money is money the company pays separately. In law, it may be civil damages (for example, money for pain and suffering). The company has to pay less in damages by the amount you got from industrial accident insurance.
- The problem is the words in the settlement agreement (합의서). If it says "this amount ends all compensation" or "I will not make any claim in the future", it can be read as you giving up any extra money you could get later. The company does not take your disability benefit for itself. But you may lose the right to ask the company for more money.
- Before you sign: take a photo of the agreement. Get advice at 1577-0071 or 132 (대한법률구조공단, Korea Legal Aid Corporation). Finish your industrial accident application and your disability benefit claim first. After that, decide separately about the agreement with the company. See When the boss says "let's do a private deal, not industrial accident insurance".
Your stay in Korea and problems with the company
- If your visa ends during treatment, you can stay on a G-1 visa and keep getting treatment. See When your stay period ends during work injury treatment.
- If you cannot do the work at this company because of the disability, you can apply for a workplace change for health reasons without the boss's consent. You need a medical certificate. See When you want to change workplaces because you are sick.
- If they ask you to sign a resignation letter (사직서) when you leave, get advice before you sign. See Being forced to sign a resignation letter.
- If you have to go back to your home country, the safest way is to finish your disability benefit claim before you leave. Ask a 근로복지공단 branch office in advance how to claim and receive money after you go home (for example, to a bank account abroad). Write down the staff member's name and phone number.
What to prepare
- 장해진단서 (disability medical certificate, from the hospital where your treatment ended)
- Test records such as X-rays and MRI (copies from the hospital)
- 장해급여청구서 (disability benefit claim form; a 근로복지공단 form, available at the hospital administration office or a 근로복지공단 branch office)
- 외국인등록증 (residence card), passport, your own bankbook
- Industrial accident approval notice, records of sick-leave pay you received
- Photo of the settlement agreement, if the company gave you one
Be careful
- If you get an offer during treatment to "settle and finish", you can say no. You can only know how serious your disability is after treatment ends.
- There is a 5-year deadline. If you do not claim within 5 years from the day after you were healed, it is hard to get the money.
- Get the 장해진단서 from an industrial accident insurance hospital. A certificate from any other hospital is not the same.
- The grade decision can take time. If your phone number or address changes during that time, you must tell 근로복지공단.
- Do not give up if your grade is low. The deadline to request a review is 90 days.
- If a broker asks for money and says "I will get you a higher grade", say no. The 근로복지공단 process is free.
Frequently asked questions
Q. I lost the tip of my finger (one joint section). Can I get a grade? A. Losing part of a finger is also in the disability grade standards. The grade depends on which finger and which part. If you get a 장해진단서 and make a claim, 근로복지공단 will decide. If you do not claim, you cannot get the money.
Q. The company wants to give me 5,000,000원 and finish. Can I take it? A. First, claim your disability benefit. Look at the result, then decide about the company's money separately. If the agreement says "I give up all claims", get advice at 1577-0071 or 132 before you sign.
Q. The company did not report my injury to industrial accident insurance. Can I still get the disability benefit? A. You can apply for industrial accident insurance yourself, directly at 근로복지공단. If it is accepted as a work accident, using the accident date, hospital records and statements from coworkers, you can get medical costs, sick-leave pay and the disability benefit. See How to apply for industrial accident insurance.
Q. My grade was decided after I went back to Nepal. How do I get the money? A. Before you leave Korea, you should ask a 근로복지공단 branch office how they pay people abroad. If you have the staff member's contact details, you can contact them after you go home.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| 근로복지공단 | 1588-0075 | Industrial accident application, disability benefit claim, grade decision |
| 외국인력상담센터 (Foreign Workers Counseling Center) | 1577-0071 | Advice on settlement agreements, many languages including Nepali, 3-way calls, 365 days 09:00~18:00 (staff on duty on Saturdays and public holidays) |
| 대한법률구조공단 | 132 | Free legal advice (settlement agreements, damages) |
| 외국인종합안내센터 (Immigration Contact Center) | 1345 | Advice on G-1 stay, Nepali on weekdays 09:00~18:00 |