If you get injured while working, or if you get sick due to work
the government provides appropriate compensation to the injured
through the Industrial Accident Compensation Insurance Act
You may have heard of insurance benefits
such as various surgery expenses, drug expenses, shutdown benefits
If you can't work during the industrial accident period
and disability benefits if you get a disability
Let's take a closer look at the Industrial Accident Compensation Insurance Act
which stipulates such various industrial accident insurance benefit systems
First, let's look at the Industrial Accident Compensation Insurance Act
The "Industrial Accident Compensation Insurance Act" is a social insurance law that
allows prompt and fair compensation to workers for their occupational accidents
to establish and operate insurance facilities to promote return to work rehabilitation and to implement measures to prevent disasters
and to promote workers' welfare
Therefore, let's take a closer look at industrial accidents, that is, occupational accidents
Under the Industrial Accident Compensation Act, insurance benefits are paid when employees have an occupational accident
while working at a place that has industrial accident insurance
According to Article 5 Paragraph 1 of the Industrial Accident Compensation Insurance Act, an occupational accident or occupational disease
that leads to injury, disease, disability or death is considered an occupational disaster
However, even if an injury, illness, disability, or death occurs due to an occupational accident or occupational disease
if there is no significant causal relationship between the work and the disaster
it is not considered an occupational disaster
Here, "significant causality" means that based on general experience and knowledge
a causal relationship must be acknowledged that if such an accident occurred
a certain disaster result can be expected
If you look closely, to determine significant causal relationship
work performativity and attributability must be considered
First, "work performativity" means that the cause of the disaster occurred in the course of the relevant worker's work performance
under the control or management of the employer
and the accompanying everyday activities
It is recognized if a disaster occurs in the course of performing work under the direction and supervision of the user
or even if not during performing the work it is applicable if there is an arguable space for command and supervision
"Work attributability" means a relationship in which a disaster is deemed to have occurred due to work
There is a significant causal relationship between disasters and work
such as overworked diseases, occupational cancers, pneumoconiosis, noise-induced hearing loss
and musculoskeletal disorders
Even if it is not a disaster during the normal course of work and its accompanying activities
that is, even without work performativity, is the disaster occurred due to the work
in other words, if work attributability exists, the significant causal relationship between the work and the disaster is recognized
and therefore acknowledged as an occupational accident
In other words, work performativity estimates work attributability
and it can be said that the significant causal relationship between work and disaster is judged by work attributability
The burden of proof of the existence of a causal relationship is borne by the person who intends to receive insurance benefits
That is, the worker or the family of the deceased
Also, the significant causal relationship between work and disaster should be judged based on
the health and physical conditions of the worker, not an average person
Causal relationships do not necessarily have to be clearly proven medically or scientifically
Significant causal relationship can also be acknowledged after considering
all circumstances, such as the health status of the worker at the time of employment, course of the outbreak
the contents of the disease, and the progress of treatment
Next, let's look at the criteria for recognizing occupational disasters caused by 'occupational accidents'
According to Article 37 Paragraph 1 Subparagraph 1 of the Industrial Accident Compensation Insurance Act
if a worker is injured, disabled, or killed in any of the following occupational accidents
it is considered an occupational accident
Specifically, an accident that occurred while an employee was performing work specified in the labor contract
or actions related to the work
Accidents caused while using facilities provided by the employer
due to defects in the facilities or negligence of management
Accidents that occurred while participating an even organized or ordered by the employer
or while preparing said event
Accidents that occurred due to actions that can be seen as under the management of the employer during break hours
And other accidents that occurred due to the work
Let's take a closer look
The first is accidents that occurred while performing work specified in the labor contract
or its related activities
In principle, activities that can be predicted based on social conventions are included in occupational disasters
This include while performing the work under the labor contract, biological functions that occur during the work performance
work preparation and completion activities, other necessary auxiliary activities
and emergency evacuation due to unexpected incidents
in the work place such as natural disasters and fire
For example, if an elevator crashes and an employee is injured, it is considered an occupational disaster
However, if the employee drowns in the river while trying to save a non-employee
during a company outing, it is not considered an occupational disaster
This is because the act of rescuing non-employees who are not under the control of the employer
is an act other than work which is outside the control of the employer
An accident in which a worker engaged in work that requires continuous manual labor was
pressed by weights in the company's physical training room before working hours
and a casein which a worker working in the workplace was hit by
a large door installed in front by a typhoon and died are occupational disasters
The second are accidents that occur due to defects or negligence in management of the facilities
while using facilities provided by the employer
Regardless of the incident occurring during work hours or outside work hours
in principle, if an accident occurs due to a defect in the facility, equipment or vehicle that the employer provided
or due to the employers negligence in managing them, they are considered occupational disasters
However, if the employer's specific instructions are violated
and the right to manage and use facilities belongs to the exclusive authority of the emoployee
it is not considered an occupational disaster
For example, damage caused by a fire of unknown cause at an employer provided accommodation
while drinking privately during a holiday is an occupational disaster
The third is accidents that occur during the preparation of an event or event organized by the employer
or participated according to the employer's instructions
Accidents that occur while participating in or preparing for an event that is supervised or ordered by the employer
or equivalent thereto are occupational accidents
Specifically, in an event where the employer considerers an employee
as coming to work when participating in an event
f the employer instructs the worker to participate in the event
if the employer obtains the employer's prior approval on the participation in the event
or if an accident occurs during preparation practice for participation in the event, it is considered an occupational accident
Accidents during the second round of travel and during club events organized by the workers themselves
or during club events organized by the employees themselves
are not considered occupational disasters
but accidents such as falling into a manhole while returning home drunk after a company dinner are considered occupational disasters
The fourth type are accidents that occur during break time as it can be considered under the
control of the employer
If an accident occurs due to an act that can be considered under the control of the employer
during the break time, it is an occupational disaster
In other words, these are accidents that occurred during a time when meals are consumed
such as at restaurants provided or designated by the employer
or a place of meal outside the workplace
If a worker suffers a disaster while eating lunch at home due to a voluntary outing
it is not considered an occupational disaster
but if a worker working at a workplace without a cafeteria
returned to the workplace immediately after lunch with the permission of the employer
and experienced a disaster during that time, it is considered an occupational disaster
The fifth type is other work-related accidents
Next, let's look at 'occupational illness'
According to the Industrial Disaster Compensation Insurance Act Article 37 Paragraph 1 Subparagraph 2
If an employee has any of the following disease
or if the employee has died or developed a disability due to the disease, it is considered an occupational disaster
These include factors during work that adversely affect the body or health
such as physical factors, chemicals, dust, pathogens
and occupational diseases that occur due to the exposure
disaster-related diseases that occur due to occupational injury
workplace harassment, abusive language by customers
diseases due to stress from work
and other work-related diseases
Let's take a look at how to determine occupational disasters caused by diseases
In cases of "occupational disasters due to accidents"
where the time and place of the accident are clear
if it is determined that the accident occurred during work performance and related normal activities
and work performativity is acknowledged
unless the disaster occurred due to a reason other than work performance
when work attributability is acknowledged, it is also considered an occupational accident
However, "occupational disasters due to disease" are difficult to
determine time and place so instead of work performativity
only work attributability is considered
When it is confirmed that the disaster occurred due to the work, it is considered to be an occupational disaster
In the case of "occupational disasters due to disease"
correlation between the work and disease is often difficult to prove by the employee
Article 34 of the Enforcement Decree of the Industrial Disaster Compensation Insurance Act
provides the criteria for recognizing occupational diseases so corroboration is easier
If an employee has a disease that falls within the scope of
an occupational disease included in Table 5 of the Enforcement Decree of the Labor Standards Act
and if the requirements are met, it is considered an occupational disease
The requirements include if the employee handles harmful or hazardous factors during work performance
have a history of exposure to harmful or hazardous factors
number of work hours that handle or exposed to harmful or hazardous factors
based on period of employment and work environment
whether it is recognized that it is sufficient to cause the disease
and medical proof that exposure or handling of harmful or hazardous factors
are the reason for occurrence of the disease
Diseases that occur due to occupational injury
are considered occupational disasters if all of the following requirements are met
Medical proof of the correlation between occupational injury and disease
and the fact that symptoms of underlying disease and pre-existing condition did not occur naturally
Underlying disease refers to a pathological condition that existed prior to the current disease and continues to exist
and is a basis for the occurrence of the current disease
"Pre-existing condition" refers to a state in which previous diseases has been cured
or recovered to the extent that they do not require medical treatment
Specific standards for recognizing occupational diseases are stipulated
in the Enforcement Decree of the Industrial Accident Compensation Insurance Act Asterisk 3
These include cerebrovascular or heart disease, musculoskeletal disease, respiratory disease
neuropsychiatric disease, lymphatic hematopoietic system disease, skin disease, eye or ear disease
liver disease, infectious disease, occupational cancer, acute poisoning
physical factors, and other diseases that have a significant causal relationship
with the employees disease and work
Let's take a look at death due to overworking which happen in many workplaces
Death due to overworking refers to a disaster that causes
or worsens diseases in cerebrovascular or heart due to heavy workloads
The criteria to determine death due to overwork are as follows
First, you need to look at the details of your work and the hours of work
Deaths that occur while the work consists of significantly out of routine work
are not occupational disasters because they do not have a significant causal relationship with the work
Work that are likely to be recognized as contributing to death due to overworking include jobs with unpredictable work schedules
shift work, lack of holidays, work exposed to harmful work environments
physically intensive work, frequent business trips with large time differences
and jobs with high mental tension
In terms of working hours, according to the Ministry of Employment and Labor among applicants for industrial disaster for cerebrovascular diseases
the approval rate for employees working 40 to 52 hours a week is 22.6%
he approval rate for employees working 52 to 60 hours a week is 65%
and the approval rate for workers working 60 to 80 hours is about 90%
In other words, the longer the working hours, the higher the probability of being recognized as an occupational disaster
In the case of acute death due to overworking
within 24 hours of the incident, work-related cases, stress
and sudden environmental changes are indentified
When judging the short-term burden factors, i.e., short-term performance
determine whether the amount or time of work per week before the incident increased by 30% from the average per week for the past 12 weeks
and identify whether there were any changes in work intensity and responsibility
It is necessary to determine whether chronic heavy work is performed, that is, in the case of chronic overwork
whether the heavy work was performed continuously for 12 weeks before the onset
As an example of death due to overwork, I will introduce the case of the factory manager of the 3rd partner company of an automobile parts company
Around the time of the disaster, the victim's working environment changed
due to the financial burden of renting principal equipment parts of the factory the worker had to live with another person
He also frequently went on business trips along with management disputes
He listened to many complaints from fellow workers while driving commuting vehicles
The employee was in his 50s but frequently heard insulting words from the main administrator who was in his 30s
Under these circumstances, the victim went on a business trip
and as soon as he hung up on a humiliating phone call with the main administrator
collapsed due to sub-brain hemorrhage and cerebral aneurysm rupture
As a result of identifying the working environment of the victim
the Agency recognized that the victims had heavy physical and mental burdens
for more than three consecutive months before the incident, and approved the industrial disaster
In the case of an illness, disability, or death caused by
an intentional, self-harm, or criminal act of an employee
in principle, an intentional, self-harm, criminal act, or a disease, disability, or death caused by it is not considered an occupational disaster
because the causal relationship between the disaster and the work cannot be proved
However, if the injury, illness, disability, or death occurs during a state in which normal cognition ability
is clearly deteriorated and there is any of the following reasons
it is recognized as an occupational disaster
If the employee has previously received treatment for a mental health disease that occurred due to work
or committed self-harm during a mentally abnormal state
or if the person committed self-harm
while recuperating from an occupational disaster
or if there is medical proof that they committed self-harm due to
a work-related reason, it is considered an occupational disaster
A related case involved a person who jumped from a building winder
during a temporary delirium and died
due to chronic and repetitive stress from living abroad and heavy workload
This was judged to be a disaster with significant correlation to work