Industrial Accident Compensation

Chapter 2. Criteria for Determining an Incident as an Industrial Accident/Illness and related Cases

Section 3. Death from Overwork, related Verifications and Cases (Heart Attack, Stroke, Suicide, etc.) - II. Court Decisions on Death from Overwork: List of Evidence, by Type

II. Court Decisions on Death from Overwork: List of Evidence, by Type

1. Case: While engaging in intensive work like unloading crab boxes on the first day of employment, the employee had a myocardial infarction (heart attack) and died. – An application by the surviving family for recognition as an occupational accident and coverage of funeral expenses was rejected.
⚫ Autopsy report – Acute heart failure due to cardiac atherosclerosis, left ventricular hypertrophy due to stimulus- or stress-induced ischemic heart disease, deemed to have caused acute heart failure.
⚫ Work history table for working hours on the day the employee died
⚫ Pre-death medical records (outpatient and inpatient treatment)
⚫ Fact inquiry with the retained medical doctor regarding the decision that the death was from chronic disease.

2. Case: Death due to myocardial infarction (heart attack) while playing badminton on time off from engaging in stressful work on development of a new vehicle. - An application by the surviving family for recognition as an occupational accident and coverage of funeral expenses was rejected.
⚫ Autopsy and autopsy appraisal
⚫ Data on work history after employment began with the company (personnel record data)
⚫ Request for facts and the cause of death from the doctor who performed the autopsy
⚫ Record of details performed on the project the deceased had been working on
⚫ Work records and data related to project content before employee’s death
⚫ E-mails and phone calls between the head office and the deceased related to project execution
⚫ Reports and interview transcripts from eyewitness and transcripts of co-worker interviews in relation to the situation before and after the employee died
⚫ Results of health checkup performed before the employee died
⚫ Drinking and smoking-related status

3. Case: Sudden death (heart attack) due to overwork after promotion, while sleeping at the company dormitory – An application by the surviving family for recognition as an occupational accident and coverage of funeral expenses was rejected.
⚫ Autopsy report and autopsy appraisal
⚫ Career, work details, and personnel record cards of the deceased, eyewitness statements regarding cause of death and related CCTV footage
⚫ CCTV footage, e-mails, and call history data prior to the day the employee died
⚫ Trace data related to the day before the employee died
⚫ Health records showing age, height, weight, and results of checkups prior to death
⚫ Medical findings related to the employee’s death
⚫ Autopsy-related inquiry regarding the cause of death
⚫ Statement of review from the advisory council
⚫ Work environment, workload, and amount of time worked during the three days prior to the employee’s death
⚫ Inquiries on the union at the workplace at which the deceased worked, the relevant person in charge, and the medical examination doctor

4. Case: Presumption of death due to myocardial infarction (heart attack) without cause other than overwork even without autopsy – An application by the surviving family for recognition as an occupational accident and coverage of funeral expenses was rejected.
⚫ Autopsy report
⚫ Work history and workload of the deceased
⚫ Details of higher workload for the employee prior to death - Details of work handled and statements from related co-workers
⚫ Order to work overtime prior to employee’s death
⚫ Commendations awarded for outstanding civil servants before the employee’s death
⚫ Health of the employee prior to death
⚫ Witness statements related to the cause of death, CCTV footage related to his activities, e-mail and phone call records, and computer processing details
⚫ Fact inquiry related to cause of death

5. Case: Death due to myocardial infarction (heart attack) related to stress from factory closure and transfer to another factory – An application by the surviving family for recognition as an occupational accident and coverage of funeral expenses was rejected.
⚫ Information regarding work experience of the employee, working environment, personnel data sheet related to death of the employee, photos and video footage showing working environment, and colleagues’ statements,
⚫ Decrease in income related to job transfer, complaints about living inconveniences, and colleagues’statements, e-mails, and phone calls related to anxiety of the employee prior to death
⚫ Data such as the employee’s health check-up records, cause of death, and medical opinion
⚫ Medical appraisal of the deceased due to special request to the Korean Medical Association

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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