[Q&A] I got hurt at work but my boss told me not to file for Workers' Comp. Will it hurt my visa?

The Dilemma

"I hurt my hand on the job, but my boss asked me not to file for Workers' Compensation (산재) because it hurts the factory, offering to pay out of pocket instead. If I officially file for compensation, will it negatively affect my visa?"

The Legal Reality: Filing for Workers' Comp is a Legal Right

In Korea, Industrial Accident Compensation Insurance (San-jae) is a mandatory system designed to protect all workers, including foreigners. Whether you are documented or undocumented (undocumented workers are also protected), filing for 'San-jae' is your legal right. It will NOT negatively affect your visa.

1. Why Bosses Discourage San-jae

Employers often try to 'settle privately' (Gong-sang Cheo-ri) because reported accidents can increase their insurance premiums or lead to safety inspections. However, private settlements often fail to cover long-term complications or permanent disabilities. Only an official 'San-jae' claim ensures lifelong protection if your injury worsens.

2. Impact on Your Visa Status

Filing for Workers' Comp does not damage your standing with Immigration. In fact:

• G-1 Visa Extension: If you need ongoing medical treatment for a workplace injury, you can often apply for or extend a G-1 (Humanitarian/General) visa to stay in Korea and receive care until you recover.
• Protection from Deportation: The law prohibits deporting a worker who is currently undergoing treatment for a severe industrial accident.

3. What San-jae Covers

If your claim is approved by COWEL (Korea Workers' Compensation & Welfare Service), you receive:

• Medical Expenses: All costs for surgery, hospitalization, and rehabilitation.
• Disability Benefits: If the injury leaves a permanent mark or functional loss.
• Lost Wages: Approximately 70% of your average salary for the period you are unable to work.

4. What if the Employer Refuses to Help?

You do not need the employer's permission to file for San-jae. You can apply directly to the COWEL office with a medical certificate and a description of how the accident happened. The fact that your boss didn't enroll you in the insurance is their legal problem, not yours—the government will still pay you and then fine the employer.

Why Hoam Law Firm?

Workplace injuries are physically and legally painful. Hoam Law Firm helps foreign workers navigate the COWEL bureaucracy. We ensure that the 'nature of the accident' is described accurately to prevent the employer from blaming you. We also manage your visa transitions so you can focus 100% on your recovery while we secure your financial and legal future in Korea.

#WorkersCompensationKorea #Sanjae #WorkplaceInjuryExpat #G1VisaKorea #IndustrialAccident #ForeignerLaborRights #HoamLawFirm