From next year, commuting accidents to and from work by bus, car or bicycle will be recognized as work-related accidents.
The National Assembly held a plenary session on September 28 and passed the revised bills on the Industrial Accident Compensation Insurance Act and the Act on the Collection, etc, of Premiums for Employment Insurance and Industrial Accident Compensation Insurance to recognize the commuting accidents as the industrial accidents.
Before the related laws are revised, commuting accidents are only recognized when the accident happens while the worker is commuting to and from work under the control of the employer, such as using transportation provided by the employer. In accordance with the amended laws, the scope of industrial accident compensation will be expanded to the "commuting accidents to and from work by the normal route and means" such as the public transportation, car, bicycle or on foot.
When a commuting accident happens off the normal commuting route, it shall not be recognized as the industrial accident. However, when an accident happens in the course of dealing with necessary part of daily life on the way to work and while returning back home such as shopping for groceries or visiting doctors, it is anticipated to be covered by the insurance, The details will be specified by the Enforcement Decree by the Ministry of Employment and Labor.
"Quick service" workers delivering documents and parcels by their own motorbikes were excluded from the expanded criteria of commuting accidents, citing their variable commuting routes and means. Even though this vocation is eligible for the industrial accident compensation insurance, they pay the insurance premium with the deduction of commuting accident benefits, as it shall not be covered.
When car accidents happen to and from work, workers can lodge claims for both the industrial accident compensation insurance and the car insurance. The revised bills also include the measures including the establishment and operation of the 'Indemnity Consultation and Coordination Committee' to prevent the two insurance institutions from delaying the payment of compensation.
The insurance premiums for commuting accidents are not affected by the number of industrial accidents and the prevention efforts made by the employers which are normally taken into account the premium fixation at the workplaces.
The Constitutional Court made a verdict in September last year that the Article 37 of the Industrial Accident Compensation Insurance Act as to the criteria for recognition of work-related accidents in which commuting accidents happened only under the control and supervision of the employer is not in compliance with the Constitution. The Constitutional Court imposed the time limit to improve the law by December 31 this year, or otherwise the Article shall lose the legal validity.
reported by Kim Hak-tae
translated by Kim Sung-jin