ENGLISH

- The term "disability benefits" means insurance benefits paid to any worker who suffers from a physical disability, etc. after recovering from any injury or disease caused by reason of their duties (Article 57 (1) of the Industrial Accident Compensation Insurance Act).

- Disability benefits shall be paid to any worker who suffers from a physical disability, etc. after recovering from any injury or disease caused by reason of their duties (Article 57 (1) of the Industrial Accident Compensation Insurance Act).

- The term "cure" means reaching a state in which an injury or disease has been completely cured or there are no further expected effects of treatment with its symptoms remaining unchanged (Subparagraph 4 of Article 5 of the Industrial Accident Compensation Insurance Act).

- The term "disability" means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical damage (Subparagraph 5 of Article 5 of the Industrial Accident Compensation Insurance Act).

- Any worker suffering from an occupational accident who intends to receive lump-sum disability compensation benefits or a disability compensation annuity after being cured shall file a written claim for disability benefits with the Korea Workers' Compensation & Welfare Service, attaching documents proving their state of disability such as a disability certificate, radiography results, and medical records, etc. (Article 36 (2) of the Industrial Accident Compensation Insurance Act, Subparagraph 2 of Article 21 (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, Article 79 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act and Article 17 (1) and Forms 11 and 12 of the Regulations of Compensation Affairs).

- The standards for disability grades are divided into 14 grades from Grade 1 to Grade 14 (Article 57 (2) of the Industrial Accident Compensation Insurance Act and Article 53 (1) and Attached Table 6 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).

- If there are 2 or more disabilities meeting the standards for disability grades, the disability grade for the worker concerned shall be that of the more severe disability. If there are 2 or more disabilities of grade 13 or higher which are different types, the disability grade of the worker concerned shall be adjusted (Article 53 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).

- The beneficiary may choose whether to receive disability benefits in the form of a disability compensation annuity or lump-sum disability compensation benefits as set out in the table of disability benefits (Article 57 (2), the main sentence of Article 57 (3) and Attached Table 2 of the Industrial Accident Compensation Insurance Act).

- If the condition of a particular body part of a person with a preexisting disability becomes worse due to an occupational injury or disease, the amount obtained by multiplying the average wage at the time of the occurrence of the cause for claiming the payment of the benefits (annuity) by the number of payment days for lump-sum disability compensation benefits (a disability compensation annuity) corresponding to the aggravated disability minus the number of payment days for lump-sum disability compensation benefits (a disability compensation annuity) corresponding to the existing disability shall be paid (Article 53 (4) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act).

- With regard to any beneficiary of disability compensation annuities whose disability grade already determined at the time of cure is possible to be changed as the state of their disability has improved or worsened, the Korea Workers' Compensation & Welfare Service may re-determine their disability grade upon request of the beneficiary or by virtue of its authority and pay disability benefits according to the changed disability grade (Article 59 (1) and (2) of the Industrial Accident Compensation Insurance Act).

- Where the beneficiary of a disability compensation annuity is cured after receiving additional medical care and then their state of disability has improved or worsened, disability benefits shall be paid according to a disability grade corresponding to such improved or worsened state of disability (The former part of Article 60 (2) of the Industrial Accident Compensation Insurance Act).