Did You Know? The Number of Foreign Workers in Korea Is Increasing Every Year.
From construction sites to factories, foreign workers are working hard all around us.
But what happens if these workers get injured on the job?
“Can foreign workers receive industrial accident compensation in Korea?”
"Is it possible for undocumented workers to get compensation for work-related injuries?”
These are some of the most common questions we hear during consultations with foreign workers.
The issue of industrial accidents among foreign workers in Korea is not someone else’s problem—it’s a real and growing concern.
Many foreign workers are unable to receive proper compensation due to unstable visa status, language barriers, or lack of knowledge about their rights and the legal system.
In today’s post, we’ll cover:
- Whether foreign workers in Korea are eligible for industrial accident compensation
- Whether you can receive compensation even if you're not enrolled in Korea's four major insurances
- Whether undocumented (overstaying) workers can still claim workers' compensation
Contents
1. Can foreign workers receive industrial accident compensation?
2. Can foreign workers get industrial accident compensation without being enrolled in the four major insurances?
3. Can undocumented foreign workers receive industrial accident compensation?
4. Foreign workers’ industrial accident claims: A real case study
5. Final words
1. Can foreign workers receive industrial accident compensation?
Q. Can foreign workers receive industrial accident compensation?
A. Yes, foreign workers can receive industrial accident compensation.
Foreign workers who are legally employed in Korea are entitled to industrial accident compensation if they suffer an injury or illness while working.
The law states that regardless of nationality or visa status, anyone considered a “worker” is eligible for industrial accident compensation.
For example, workers holding visas such as the Employment Permit System (E-9) or Visiting Employment (H-2) are automatically enrolled in industrial accident insurance once a labor contract is signed.
If a worker is injured or develops an illness due to work conditions, they can receive not only medical expenses but also compensation for lost wages during treatment (sick leave benefits), disability benefits if there are lasting effects, and in the case of death, survivor benefits and funeral expenses.
However, since the scope of compensation and application procedures can be complicated, it is safer to seek professional help rather than handling the process alone.
2. Can foreign workers get industrial accident compensation without being enrolled in the four major insurances?
Q. Can I still receive industrial accident compensation even if I’m not enrolled in Korea’s four major insurances as a foreign worker?
A. Yes, you may still be eligible for industrial accident compensation even if you’re not enrolled in the four major insurances.
Industrial accident insurance (workers’ compensation) is automatically applied from the moment an employer hires a worker. If you’ve been working as an actual employee, you can be eligible for compensation regardless of your enrollment in the four major insurances.
Even if the employer didn’t register you for industrial accident insurance, it’s not the worker’s fault. As long as you can prove your employment, you can still apply for foreign workers' compensation and receive the appropriate benefits.
To do this, you must submit a claim to the Korea Workers' Compensation & Welfare Service (KCOMWEL) and provide clear evidence that you were working there.
However, if your employer never enrolled in industrial accident insurance or failed to pay the premiums, the process can become more complex. In some cases, employers may even deny that the accident occurred or claim you were never employed.
That’s why it’s important to prepare supporting documents in advance, such as:
- Text messages, photos, or bank transfer records showing your working hours and wages
- Bank statements, photos, or messages confirming the period and amount of payment
- Testimonies from coworkers who worked with you
- Employment contract, clock-in/out records, or photos of you working on-site
Whether or not insurance applies is ultimately decided by KCOMWEL, so submitting accurate and sufficient evidence is essential for a successful claim.
3. Can undocumented foreign workers receive industrial accident compensation?
Q. Can undocumented (overstaying) foreign workers receive industrial accident compensation?
A. Yes, undocumented workers can still apply for industrial accident compensation.
Industrial accident insurance in Korea is based not on visa status, but on whether the person actually worked as an employee. If it can be confirmed that the individual was working under an employer and receiving wages, then even undocumented (overstaying) workers are eligible to receive compensation.
However, many undocumented workers hesitate or give up on filing a claim due to fears about their immigration status. One common concern is that applying for compensation might result in their identity being reported to the immigration office, leading to forced deportation.
But applying for workers' compensation does not automatically result in deportation just because the applicant is undocumented.
If there are humanitarian or legitimate reasons for the individual to remain in Korea, the immigration office may postpone deportation orders or reduce re-entry bans in some cases.
Therefore, if you are undocumented and want to apply for industrial accident compensation—and possibly even seek a legal change in status—it is highly recommended to consult with a professional who specializes in foreign worker legal issues. This is the safest and most reliable approach.
4. Foreign workers’ industrial accident claims: A real case study
A foreign worker of Chinese nationality, Mr. A, was tragically killed while working at a coating and processing company in Seoul. The accident occurred while he was moving printing equipment and was crushed by a machine.
His wife and son were left in shock and devastated—not only by the sudden loss, but also by the uncertainty of their future and financial hardship. At first, they felt overwhelmed and didn’t know where to begin or what steps to take.
To make matters worse, the employer was not cooperative in helping them file a foreign workers’ industrial accident claim. Instead, the company attempted to downplay the incident as a minor workplace accident. This made the bereaved family fear that they might not be able to get the accident recognized as an official work-related injury.
However, upon learning that Mr. A had been formally employed for over a year, they realized he was eligible for an industrial accident claim. They proceeded to file a claim with the Korea Workers' Compensation & Welfare Service (KCOMWEL) and sought legal assistance from Majung Law Firm.
Even after the accident, the employer continued to delay the industrial accident claim and tried to evade responsibility. At one point, the employer argued that they had already given the family a financial settlement as a form of condolence and therefore had no further liability.
However, Majung firmly proved that this payment was unrelated to any official industrial accident compensation. The firm also strongly emphasized that the accident clearly occurred during work and was caused by job-related duties.
Citing that industrial accident compensation is based on whether the injury occurred during actual work, regardless of the worker’s visa status or nationality, Majung systematically countered each of the employer’s claims and successfully protected the family’s legal rights.
Thanks to Majung’s advocacy, the accident was officially recognized as a work-related incident. As a result, Mr. A’s wife and child became eligible to receive survivor benefits and funeral expenses under Korea’s industrial accident insurance system.
5. Final words
In fact, it is possible for workers to file an industrial accident claim on their own.
Among Korean workers, many initially try to submit claims independently. If their claim is denied, they then seek help from a professional.
However, the situation is quite different for foreign workers.
Due to language barriers and the complexity of the required documents and procedures, many foreign workers face major difficulties from the very beginning of the application process. Furthermore, those without legal status often hesitate to apply at all, simply out of fear related to their undocumented status.
That’s why it’s much safer and more effective to seek help from the start from a professional with extensive experience in foreign worker industrial accident cases.
Majung Law Firm, specializing in foreign worker legal issues, offers consultations with certified attorneys in industrial accident and damage compensation law (recognized by the Korean Bar Association), as well as immigration law specialists with backgrounds in immigration enforcement.
From industrial accident claims for foreign workers—including undocumented workers—to handling immigration office deportation orders, we provide tailored legal solutions to fit your situation.
Thank you.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
