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Industrial accident insurance in Korea: who is covered, employer pays, the 70% benefit and how foreign workers claim
Numbers checked against the official source on 2026-10-19
Korea's Industrial Accident Compensation Insurance Act applies to every business that employs workers, and the Act's definition of "worker" comes from the Labor Standards Act, which has no nationality condition. The premium is an employer cost: the premium law gives employees a share only of the employment-insurance premium, not of the industrial accident premium. If you are hurt or fall ill because of work, you can get medical care benefit, and while you cannot work, a temporary disability benefit of 70% of your average daily wage (not paid if the time off is 3 days or less). The claim goes to the Korea Workers' Compensation & Welfare Service (K-COMWEL), and the right expires after 3 years (5 years for disability, survivors' and funeral benefits).
Law text: Industrial Accident Compensation Insurance Act (산업재해보상보험법), shown on the National Law Information Center as "[시행 2026. 7. 1.] [법률 제21375호, 2026. 2. 19., 일부개정]", and the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (고용보험 및 산업재해보상보험의 보험료징수 등에 관한 법률), "[시행 2026. 10. 8.]". Read on 2026-10-19. Not legal advice: confirm with K-COMWEL (1588-0075) before you rely on it.
Who is covered
- Every business with workers. Article 6: the Act applies to all businesses or workplaces that use workers, except those a decree excludes because of risk, size or place. K-COMWEL's English page adds that any workplace with one full-time worker or more is covered by law "regardless of its owner's (i.e. employer's) intents", and that the employer, not the worker, registers.
- No nationality condition. Article 5 item 2 defines "worker" as the worker under the Labor Standards Act. The Act contains no clause about visas or nationality.
- Foreign workers on E-9 and H-2. The government's Easy Law page says they are covered by this insurance and "are entitled to receive the same compensation as Korean nationals" for injury, illness, disability or death on the job.
- Visa status. This page does not cover a worker with no valid status; ask K-COMWEL. Ask K-COMWEL or the labour office.
- Not work related. Easy Law says that injuries or illnesses not related to work are handled through the separate accident insurance for foreign workers under the foreign-workers employment act. This page covers work-related harm only.
Who pays
- Article 13(1) of the premium law: premiums are collected from the insured employer (the "보험가입자").
- Article 13(2) sets the worker's share only for the employment-insurance premium (half of the unemployment-benefit rate). Article 13(5) defines the amount the employer must bear as the industrial accident premium: the total pay of its workers times the industrial accident rate for its kind of business. So the industrial accident premium is the employer's.
- The Easy Law page says a covered foreign worker is "automatically enrolled"; you do not apply. If you are asked to pay part of this premium, that is a question for the labour office.
What the insurance pays
Article 36(1) lists eight benefits. Claims are paid at the claimant's request (Article 36(2)).
| Benefit (Korean) | What the page or article says |
|---|---|
| Medical care (요양급여) | Paid when a worker is injured or falls ill for a work reason (Article 40). Care is at an insurance-designated medical institution. Covers examination, medicine, treatment, surgery, rehabilitation, hospital stay, nursing and transport. Not paid if the injury or illness heals within 3 days of care (Article 40(3)). |
| Temporary disability (휴업급여) | For the period you cannot work because of care: 70% of average wage per day; not paid if the period is 3 days or less (Article 52). K-COMWEL's English page says the same 70% and "at least four days". |
| Permanent disability (장해급여) | After healing, if a disability remains (Article 57). Paid as an annuity or a lump sum at the claimant's choice, by disability grade. A worker who is not a Korean national and lives abroad when the claim arises is paid the lump sum. |
| Nursing care (간병급여) | Listed in Article 36(1); amount not read. |
| Survivors' (유족급여) | Listed in Article 36(1); amount not read. |
| Injury-disease compensation annuity (상병보상연금) | Listed in Article 36(1); amount not read. |
| Funeral expenses (장례비) | Listed in Article 36(1); amount not read. |
| Vocational rehabilitation (직업재활급여) | Listed in Article 36(1); amount not read. |
Temporary disability extras from K-COMWEL's English page: if the daily amount is low, a worker may be paid 90% of average wage (capped at 80% of the minimum compensation standard), and a worker aged 61 or older gets an adjusted rate (for example 66/70 of the daily amount at 61 and 50/70 at 65 or older).
What counts as a work-related injury
Article 37(1) counts three groups: an accident at work (for example while doing the contracted work, using facilities the employer provided, or at an event the employer ordered), an illness at work (exposure to physical or chemical agents, dust, pathogens or physical strain; an illness caused by a work injury; and illness from workplace harassment or customer abuse), and a commuting accident (on transport the employer provided, or on the usual route and method). There must be a reasonable causal link to the work. Self-harm, intentional acts and crimes are excluded (Article 37(2)). K-COMWEL's English page notes that accidents while commuting by normal channels and methods are recognised from January 1, 2018.
How to claim
- Get treated and get a doctor's opinion. K-COMWEL's English page says a worker whose injury or illness needs at least 4 days of care files a claim with a doctor's opinion form. Article 42 lets you use national health insurance first, before K-COMWEL decides, and recover your share later if the claim succeeds.
- File the claim. Article 41: send K-COMWEL the application with your workplace, how the accident happened, and the medical opinion. K-COMWEL's English page says to submit it to the K-COMWEL branch that covers your workplace. A designated medical institution can file for you with your consent (Article 41(2)).
- Ask for other benefits when they arise. Each benefit is paid when claimed (Article 36(2)). The right expires after 3 years if not used, or 5 years for disability, survivors' and funeral benefits (Article 112(1)).
- Contact. K-COMWEL's English pages list the phone 1588-0075.
Where the sources differ or need care
| Item | Law | K-COMWEL English page | What we show |
|---|---|---|---|
| Waiting days | Article 40(3): no medical care benefit if healed within 3 days; Article 52: no temporary disability benefit if the period not working is 3 days or less | "at least four days" | Consistent. A stay of 4 days or more is where benefits start. |
| Which law version | The portal labels the Act "시행예정법령" although its date, 2026-07-01, has passed. The Articles read have last revision marks of 2022 or earlier (Article 36: 2022; Article 37: 2020; Article 40: 2010; Article 41: 2020; Article 54: 2018; Article 57: 2020; Article 112: 2021), none after the effective date. | Page undated | The text we quote is the version in force today. |
Related: employment insurance for foreign workers, health insurance for foreigners and minimum wage 2026. This is a summary, not legal advice.
Checked 2026-10-19.
Official sources
- National Law Information Center — Industrial Accident Compensation Insurance Act, Articles 5, 6 — applies to all businesses using workers; worker defined by the Labor Standards Act; in force 2026-07-01 (checked 2026-10-19)
- National Law Information Center — Industrial Accident Compensation Insurance Act, Articles 36, 40, 41, 42 — eight benefits; medical care; claim filing; health insurance first (checked 2026-10-19)
- National Law Information Center — Industrial Accident Compensation Insurance Act, Articles 37, 52, 54, 57, 112 — what counts as work-related; temporary disability 70%; lump sum for non-nationals abroad; 3-year and 5-year limits (checked 2026-10-19)
- National Law Information Center — Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, Article 13 — employee share only for the employment-insurance premium; employer bears the industrial accident premium; in force 2026-10-08 (checked 2026-10-19)
- K-COMWEL (English) — What is WCI? — employer registers; one full-time worker or more is covered; no date printed (read on 2026-10-19) (checked 2026-10-19)
- K-COMWEL (English) — Submit an application for medical care benefits — 4 days or more of care; doctor's opinion; submit to the branch with jurisdiction; commuting accidents from 2018 (checked 2026-10-19)
- K-COMWEL (English) — Temporary Disability Benefits — 70% of daily average wage; low-income and age 61+ adjustments (checked 2026-10-19)
- Easy to Find, Practical Law — Employment of Foreign Workers — E-9 and H-2 workers covered by this insurance, same compensation as Koreans; automatic enrolment; no revision date printed (read on 2026-10-19) (checked 2026-10-19)
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