If You Are Hurt on Your Commute, It Can Be an Industrial Accident: The Route Must Be the Usual One, and Only Daily-Life Errands Like Shopping, Medical Visits and School Drop-offs Are Exceptions
You slip on station stairs on the way home and break an ankle, and someone tells you it is not an industrial accident because it happened outside the company. But since 2018 the Industrial Accident Compensation Insurance Act has treated an accident on a commute made by the usual route and method as a work-related injury. This guide goes through the law on where the usual route ends, what happens if you stop at a store or clinic, and where to apply.
Article 37 splits commuting accidents into two types
Article 37(1)(3) of the Act defines a commuting accident in two ways. Item (a) covers an accident while commuting under the employer's control and management, such as using transport the employer provides or its equivalent. A company shuttle bus is the usual example.
Item (b) covers an accident while commuting by the usual route and method. Public transport, a private car, a bicycle or walking all fall here, because the employer does not provide them. So even without a company vehicle, a claim is possible in principle.
The "usual route" is a reasonable way between home and work
The law says only "usual route and method". It does not say only the shortest distance counts. A reasonable path that fits the purpose of commuting, such as a transfer between subway lines or a detour road, is normally treated as usual. The Korea Workers' Compensation and Welfare Service decides case by case, so keep material that explains your route, transport and commuting time.
If you leave the route, later accidents are generally excluded
Article 37(3) says that if you leave the route (deviation) or stop for something unrelated to commuting (interruption), accidents during the deviation or interruption, and accidents during travel afterward, are not treated as commuting accidents. An example is leaving the route to meet a friend and getting hurt on the way back.
The key point is that one deviation blocks even later accidents. Where the deviation ended and the return began is often what the dispute is about.
Errands that are necessary for daily life are an exception
The proviso says a deviation or interruption is still a commuting accident if it is an act necessary for daily life, for a reason set by Presidential Decree. The reasons commonly cited under the decree are:
- Buying daily necessities (groceries, market shopping)
- Attending education or training for career development
- Exercising the right to vote
- Escorting a child or a person with a disability to school, daycare or childcare
- Receiving treatment at a medical institution
- Caring for a hospitalized family member
Check the exact wording and any recent amendments in Article 35 of the Enforcement Decree on the National Law Information Center. The exception widens only within the listed reasons, so a drinking session or private gathering is hard to fit into it.
Three things to gather right after the accident
First, records that fix the place and time, such as police or fire reports, hospital admission times and transit records. Second, a map and receipts showing home, workplace and any stop you made. Third, work records showing your start or finish time.
If you stopped to shop or see a doctor, collect the receipt and medical record too. They are evidence that the deviation falls under an exception.
Apply to the Service, and the auto insurance is handled separately
You apply by submitting a medical care benefit claim to the Korea Workers' Compensation and Welfare Service. The first steps are in what to do first after an industrial accident. The limitation period is known to be three years, and for an illness discovered after leaving a job see claiming after retirement.
You do not have to give up if the company will not confirm the accident. We explained that a claim can be filed without the employer's confirmation in the office wrist tunnel guide, which follows the same procedure. Describe the accident in the same way as the hospital record, because a mismatch hurts you. If you worry about your relationship with the company, you can consult a regional labor office or call 1350 first.
If it was a traffic accident, look at both auto insurance and the industrial accident claim. The same loss cannot be compensated twice, so items such as treatment costs are adjusted between them. Which is better depends on your share of fault and the chance of lasting disability, so check with the Service, the insurer and, if needed, a labor attorney.
If it is denied, you have 90 days to challenge it
Commuting accidents are sometimes denied over the route. That is not the end. You can contest through a request for review, a request for re-review and an administrative lawsuit, and the deadlines are short, so count from the day you receive the notice. The steps are in responding to an industrial accident denial.
Summary of the order
1) At the hospital, describe how the accident happened exactly and keep the record. 2) Collect proof of your route and any stop. 3) File with the Korea Workers' Compensation and Welfare Service. 4) If denied, consider a request for review within 90 days. This article is general information and does not replace legal advice on an individual case. For a specific decision, check with the Service, the Ministry of Employment and Labor, or a labor attorney.
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