By Chyung Eun-ju
Nearly 70 percent of migrant construction workers involved in work accidents did not receive state insurance payouts, according to the National Human Rights Commission.
“Instead of filing an accident report and processing the occupational health and safety insurance -- workers' compensation -- construction companies tend to settle by just paying medical expenses and damages proceedings by negotiation with the worker,” Lim Sun-young, a commission administrative official, said.
The companies neglected to provide the compensation because it would disadvantage them. They would rather pay the violation fee for not reporting the accident, Lim said.
The commission said that some companies ask the worker to use their own health insurance and to hide the industrial accident. Its research noted that 68 percent of migrant workers did not receive Industrial Accident Compensation Insurance.
A National Assembly Research Service report found that companies are less likely to report accidents because it increases their insurance premiums. An increase in accidents also could result in restrictions on bids for work or suspension of the business, it said.
Under the Industrial Safety and Health Act Article 10 and Enforcement Regulations Article 4, death or injury from an industrial accident must be reported to the Ministry of Employment and Labor within a month. According to the Industrial Accident Compensation Insurance Act, construction companies must pay the medical expenses and recuperation costs and give rest days to injured workers.
The company also must pay a temporary incapacity benefit or disability allowance to the worker to cover lost wages. If injury or disease recurs, the company must provide additional recuperation.
A migrant worker can file for insurance without the employer’s consent.
Foreign workers at construction sites are often hired without contracts, according to the Migrant Human Rights Center in Gimhae. The language barrier also makes it difficult for migrant workers to know their rights.
There were 26,570 industrial accidents in 2016 -- 1,447 more than in 2015 -- and 1,777 people died.
More information can be found at the National Human Rights Commission homepage (https://www.humanrights.go.kr) or call 02-2125-9700. Services are offered in nine languages.