Definition of Temporary Layoff Benefits

Definition of temporary layoff benefits
- "Temporary layoff benefits" mean insurance benefits paid to any worker who suffers an occupational injury or disease for a period during which the worker is unable to work for receiving medical care (Article 52 of the Industrial Accident Compensation Insurance Act).
Requirements for Temporary Layoff Benefits

Requirements for temporary layoff benefits
- Temporary layoff benefits shall be paid to any worker who suffers an occupational injury or disease for a period during which the worker is unable to work for receiving medical care (The main sentence of Article 52 of the Industrial Accident Compensation Insurance Act).
- Where the period during which the worker who suffers an occupational injury or disease is unable to work for receiving medical care is 3 days or less, temporary layoff benefits shall not be paid (The proviso to Article 52 of the Industrial Accident Compensation Insurance Act).
Claims for temporary layoff benefits

Claims for temporary layoff benefits
- A worker suffering from an accident caused by an occupational reason (hereinafter referred to as "worker suffering from an occupational accident") who intends to receive temporary layoff benefits shall file a written claim for temporary layoff benefits with the Korea Workers' Compensation & Welfare Service (Article 52 of the Industrial Accident Compensation Insurance Act, Subparagraph 1 of Article 21 (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, and Article 13 (1) and Form 7 of the Regulations of Compensation Affairs).
※ Any worker suffering from an occupational accident may claim temporary layoff benefits offline at the Korea Workers' Compensation & Welfare Service or online via the Employment/Industrial Accident Insurance Total Service of the Korea Workers' Compensation & Welfare Service.

Extinctive prescription of temporary layoff benefits
- If the right to claim temporary layoff benefits is not exercised for 3 years after the next day of temporary layoff, it shall become extinctive by prescription (Subparagraph 1 of Article 112 (1) of the Industrial Accident Compensation Insurance Act).
- Extinctive prescription of the right to claim temporary layoff benefits shall be interrupted by a request for temporary layoff benefits filed by the beneficiary. In such cases, where the request for temporary layoff benefits is the 1st request requiring a judgment on whether the case concerns an occupational accident, the interruption of prescription resulting from the request shall affect the other insurance benefits (Article 113 of the Industrial Accident Compensation Insurance Act).
Payment of Temporary Layoff Benefits

Due date of payment of temporary layoff benefits
- Temporary layoff benefits shall be paid within 14 days after the decision for payment thereof (Article 82 (1) of the Industrial Accident Compensation Insurance Act).

Amount of temporary layoff benefits
- The daily amount of temporary layoff benefits shall be an amount equivalent to 70/100 of their average wage (The main sentence of Article 52 of the Industrial Accident Compensation Insurance Act).
- No public charges of the State or local governments shall be imposed on any money or valuables offered as temporary layoff benefits (Article 91 of the Industrial Accident Compensation Insurance Act).

Claims for and payment of unpaid temporary layoff benefits
- If a beneficiary of temporary layoff benefits dies, their survivor shall file a written claim for unpaid temporary layoff benefits with the Korea Workers' Compensation & Welfare Service in order to receive such benefits instead of the deceased beneficiary (Article 81 of the Industrial Accident Compensation Insurance Act and Article 49 and Form 29 of the Regulations of Compensation Affairs).
- Unpaid temporary layoff benefits shall be paid within 14 days after the decision for payment thereof (Article 82 (1) of the Industrial Accident Compensation Insurance Act).

Prohibition, etc. of transfer and seizing of entitlement to temporary layoff benefits
- Each worker’s entitlement to temporary layoff benefits shall not be extinguished by their retirement (Article 88 (1) of the Industrial Accident Compensation Insurance Act).
- Entitlement to temporary layoff benefits may not be transferred, seized or offered as collateral (Article 88 (2) of the Industrial Accident Compensation Insurance Act).

Collection of unjust gains
- Where any person receives temporary layoff benefits by fraud or other improper means, an amount equivalent to double the temporary layoff benefits shall be collected from him/her (The former part of Article 84 (1) of the Industrial Accident Compensation Insurance Act).