Claim workplace injury compensation 산재보험 요양급여·휴업급여 신청
If you are injured or become ill because of your work, Industrial Accident Compensation Insurance (산재보험) can pay your treatment (요양급여) and part of your lost wages (휴업급여). It applies to foreign workers the same way as Korean workers. Your employer pays the insurance, not you. You apply to the Korea Workers' Compensation and Welfare Service (근로복지공단, COMWEL). Your hospital can often send the application for you.
Can I apply?
Answer 2 quick questions.
Was the injury or illness caused by your work, or by an accident at work?
If it was not work related, this insurance does not apply. Use National Health Insurance for treatment. Ask COMWEL if you are unsure.
Do you need 4 days or more of medical care?
If you can recover within 3 days, medical care benefits are not paid. Keep the receipts and talk to your employer.
You can apply. Nationality does not matter. Easy Law says foreign workers may receive benefits like Korean workers. The Supreme Court has also held that a foreign worker without work permission can still receive benefits. Exceptions exist for some small farm, forestry and fishery businesses with fewer than 5 regular workers, and for household work.
Your timeline
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Step by step
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- 1
Get treatment first
The hospitalRight after the accidentGo to a hospital as soon as possible. Check if it is an industrial accident insurance hospital (산재 지정의료기관). Tell the staff your injury happened at work.
!Do not wait. Records made soon after the accident help your claim. - 2
Fill in the application with your doctor
You do thisAfter treatment startsThe form is the Medical Care Benefit application (요양급여신청서). You write your personal details, your workplace and how the accident happened. You sign it. Your doctor writes a medical opinion on the back. The workplace number can be searched on the COMWEL website.
!If you do not have your employer's help, you can still apply. COMWEL contacts the employer for you. - 3
Submit the application to COMWEL
You do thisAs soon as you canGive the application to COMWEL, which covers your workplace, or let the hospital submit it online. You can also use the COMWEL total service website. A COMWEL call back service helps you to apply by phone.
- 4
COMWEL decides
The agency does thisWithin about 7 days if the case is clearCOMWEL tells your employer about your application and checks if the injury is work related. If it is clear, COMWEL tells you within 7 days whether it approves. It can take longer if COMWEL has to check facts. Illness cases, such as long-term disease, go to a review committee and can take longer.
!If COMWEL does not approve, you can appeal (이의 신청). Ask COMWEL or a lawyer how. - 5
Claim lost-wage pay
You do thisDuring the period you cannot workIf you cannot work because of treatment for more than 3 days, you can get lost-wage pay (휴업급여). It is 70 percent of your average daily wage. Submit the lost-wage claim form (휴업급여청구서) to COMWEL, or use the online total service. COMWEL must pay within 14 days of its decision. The right to claim ends 3 years after the day after the lost work day.
!No lost-wage pay is paid for 3 days or less of lost work.
Documents checklist
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0 of 6 documents ready
- Medical Care Benefit application (요양급여신청서) with the doctor's opinionHospital desk or COMWEL website
- Lost-wage claim (휴업급여청구서)COMWEL or the COMWEL online total service
- Residence Card (외국인등록증) or passportWith you
- Payslips and employment contractYour employer or your own copies
- Bank account details for paymentYour bank
- Photos, messages and witness names showing how you were hurtYour phone
No visa, or my employer did not pay insurance?
- Easy Law says nationality is not considered. A Supreme Court ruling held that a foreign worker without work permission can still receive benefits.
- If your employer did not report you to the insurance, you may still apply. COMWEL treats the business as covered by law.
- Ask COMWEL or 1345 before you apply if you worry about your visa status. I could not confirm here whether immigration is told.
Rights you keep
- Your right to benefits does not end if you leave the job.
- Your right to lost-wage pay cannot be sold or seized.
- Your employer pays the insurance. Nothing is deducted from you.
Who to call
Tap to call.