I burned my foot while working in a restaurant. The employer says he will pay for the treatment directly. Can I receive medical treatment without claiming industrial accident compensation?
In principle, all industrial accidents that require treatment for 4 days or more shall be settled through Industrial Accident Compensation Insurance. If the employer decides to pay for treatment to avoid reporting the accident, this amounts to concealing an industrial accident. Employers often want to settle an industrial accident privately, saying that the premium will increase if it’s reported, or that it is not an industrial accident and they will pay for treatment, or reporting it will disadvantage the company. However, private treatment for an industrial accident is often less than what would be covered under the Industrial Accident Compensation Insurance Act. In addition, privately handling an industrial accident does not address the wages lost during the medical treatment period, compensation for disability after treatment, medical care in case of recurrence and other benefits. So, it is best for the employee to settle through industrial accident compensation.
If the employee receives money from the employer before or after the accident is legally recognized as an industrial accident, this becomes double compensation. According to Article 80, Paragraph 3 of the Industrial Accident Compensation Insurance Act, the benefits that will be received through industrial accident insurance will be less. Therefore, it is more favorable to address additional compensation for damage with the employer after the accident is legally deemed an industrial accident.