A Korean court recently ruled that the family of a deceased worker can receive industrial disaster compensation since his death was caused by stress due to a warning of dismissal, a court official said Thursday.
According to the Yonhap News Agency, the man, surnamed Ji, who was employed at a fish processing company since 1998, collapsed at work and died from a cerebral hemorrhage in 2008. Court officials did not give further details of his identity. (WCxKit)
After his death, his family requested the state-run Korea Workers Compensation and Welfare Service to acknowledge the case as an industrial death and grant them medical expenses. They said he passed away from stress after his employer saw Ji arguing with his colleague and threatened to fire him.
Their claim was turned down. They then filed a petition with the Seoul Administrative Court, which deals with appeals against administrative decisions by the government.
The Seoul Administrative Court acknowledged the link between his disease and stress at work, considering the fact he died the day after he was warned.
It also noted medical staff's opinion that said his disease was caused by a sudden jump in blood pressure believed to be linked to emotional stress, not to deteriorating health due to a chronic disease. (WCxKit)
"Because his employer warned him that he would be fired if he kept having quarrels, he is believed to have come under much pressure and stress," the presiding judge Kim Do-kyun said in a ruling. "The court acknowledges a causal relationship between his disease and work."
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
WORK COMP CALCULATOR: http://www.LowerWC.com/calculator.php
NEWSLETTER SIGN UP: Workers Comp Resource Center Newsletter
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
