Traffic Accident / Personal Injury Team

Personal Injury Laws

C. Workers Injury

Workers Injury can be defined as an injury, illness, disability, or death due to that particular work.

If a worker sustained an injury due to his/her work, then he/she is entitled to workers' compensation benefits under the Workmen's Accident Compensation Insurance.

The Workmen's Accident Compensation Insurance applies to any worker who is employed at a business or office and receives wages therefrom, regardless of the type of occupation.

As such, the Workmen's Accident Compensation Insurance also applies to even a worker employed on a part time basis. This Insurance system is based on the Industrial Accident Compensation Insurance Act which is intended to secure prompt compensation for whatever work-related accidents.

Apart from the benefits under the Workmen's Accident Compensation Insurance, if an assailant and/or his/her employer are deemed negligent, then a worker and/or the bereaved family members can also demand compensation for damages/losses from the assailant and/or his/her employer in civil law.

Grounds for claiming damages in the civil law include following;

a.) Article 415 (Damages due to Default)

Under Article 415, a victim can claim damages if there is a contracted relation between the assailant and the victim.

b.) Article 709 (Damages in Torts)

Under Article 709, even if there are no contracted relations between the victim and the assailant, the victim can also claim for damages in torts.