I was injured at work in Korea and my employer says they "don't have insurance for foreigners" — I'm on an E-7. Is that true, and who pays?

Your coworker is right and your manager is wrong. Industrial accident compensation insurance (산재보험, sanjae boheom) in Korea covers all employees of a covered workplace by operation of law — foreign employees included, regardless of visa type, and regardless of whether the employer ever registered you or paid premiums. A company cannot exclude foreign staff, and an employer's failure to enroll you does not defeat your claim; it creates liability for the employer. Your medical costs and a substantial portion of your lost wages are payable from that system, and the claim is yours to file, not the company's to approve.

What this is under Korean law

The Industrial Accident Compensation Insurance Act (산업재해보상보험법, saneop jaehae bosang boheom-beop) applies to businesses employing workers, with narrow exceptions that do not include a logistics company. Coverage attaches to the workplace, not to the employee's nationality or status. A pallet stack falling on you in the warehouse during work is an occupational accident (업무상 재해, eommusang jaehae) in the plainest sense.

The benefits: medical care benefits (요양급여, yoyang geupyeo) covering treatment; temporary disability benefits (휴업급여, hueop geupyeo) at 70% of average wages for each day you cannot work; and, if any permanent impairment remains, a disability benefit. Where an employer failed to enroll or pay premiums, the Korea Workers' Compensation and Welfare Service (근로복지공단, geullo bokji gongdan) pays the worker and recovers from the employer, with penalties.

Separately, an employer who fails to provide safety measures has civil liability under the Civil Act for losses beyond what the insurance covers — the 30% of wages, pain and suffering — and, where safety rules were breached, potential exposure under the Occupational Safety and Health Act. Telling an injured employee to pay his own bills and take unpaid leave is not a defense; it is evidence.

How the process works in Korea

You file the claim for medical care benefits with the regional office of the Workers' Compensation and Welfare Service, with the hospital's diagnosis and the accident details. The employer is asked to confirm the accident; an employer who disputes it does not block the claim — the Service investigates and decides. Approval typically follows in weeks for a clear warehouse accident. Once approved, the hospital bills are paid to the hospital and your out-of-pocket expenses are reimbursed; temporary disability benefits are paid for the certified recovery period. A lawyer can file and handle the employer's response so that you are not negotiating with the manager who misinformed you.

Your situation as a foreign national

Nothing about the claim affects your E-7. Being on leave for a work injury does not end your employment; an employer may not dismiss an employee during a period of recovery from an occupational injury and for thirty days after, under Article 23 of the Labor Standards Act. If they do, the dismissal is void and separately actionable. A company that has told you it has "no coverage for foreigners" may have other compliance problems that immigration and labor authorities take an interest in — which is one reason employers in this position often become cooperative once a claim is filed by counsel.

If you ultimately leave Korea, approved benefits continue to be payable; you do not forfeit them by departing, and the claim for civil damages survives.

What to do now, and what not to do

Do not accept "rest and we'll consider your salary." Do not sign anything the company offers about the accident. Do: obtain from the hospital the diagnosis certificate stating the injury and recovery period, keep every receipt, get the names of coworkers who saw the accident, photograph the warehouse condition if you can, and file the insurance claim now — the medical care claim has a three-year limitation, but the sooner it is filed, the sooner the bills stop coming to you. Put your request for the accident report to HR in writing.

Practical insight

Foreign employees are misinformed about industrial accident insurance more often than about any other Korean labor right, and the misinformation works because the injured employee is in pain, off salary, and dependent on the employer for the visa. The claim does not need the employer's cooperation, the employer cannot lawfully dismiss during recovery, and the employer's exposure grows with every week it delays. Once a filed claim exists, the manager's tone tends to change. The second point: keep the surgeon's recovery estimate exactly as written; it is what the temporary disability benefit is calculated on.

Send us the diagnosis certificate and the company's name and we can file the claim and put the employer on notice this week — by text consultation or at +82-2-522-3959.

— MEGA X Law Firm Korea, Labor Team