AASIAN W WORKERS NNEWS July 1, 2013
NO. 313
[AWN FOCUS]
Do I have to apply for the Industrial Accident Insurance or treat it as an injury on duty Is it not an accident covered by the Industrial Accident Insurance when it occurs at lunch time?
Can I trust my company when they said, “we will take care of everything”?
Every issue including injuries,
It is your so rightful rights to get your accident covered by the insurance. When it is covered by the insurance, the record is left and sometimes the rate for the insurance increases, which is the reason your employer tries to avoid it. But when your accident is dealt with directly between you and your employer, there can be other problems: ① You might not be treated enough (your company might stop your medical treatment without your consent or ask you to work too soon); ② You might not get your salary fully (your company might complete it with a part of compensation money, not paying you with exact amount of your wage calculated by your average wage); ③ Your company might not take any responsibilities for the post-treatment symptoms, disabilities or injuries. (Later when you get the same problems, disabilities or injuries after treatment, your company might avoid the responsibility, saying that it’s your problem); ④ If you are undocumented, you have to get the medical treatment in fear of being deported (there is nothing for your company to do for your safe sojourn in Korea while in treatment).
diseases and deaths on health on duty is called ‘industrial accident (incident). If it occurs while you are on duty from the instruction of your boss or manager, it is an industrial accident (including sweeping and putting things in place).
It
also
includes
the
accidents by a facility in your workplace. It
also
includes
accidents
in
the
workplace while resting during resting time or between tasks, injuries while exercising with colleagues or managers, accidents during business trip, commuting by a shuttle vehicle from the order of your manager or boss, festivals or events arranged by your company and also accidents by a facility in your dormitory provided by your company. Hearing
disorder
caused
by
high
decibel sound, poisoning by hazardous chemicals, diseases in muscle and bone system by repetitive heavy load work, disease in respiratory organs caused by dusts in your workplace are all included in the industrial accidents.
My company is not subscribed in the insurance! Any owner of a business or a company consisting of 1 or more than 1 worker is obligatory to have the Industrial Accident Insurance and pay for the fee. You can get the benefit from the insurance even if your employer has not taken out the insurance yet or paid the insurance. Even if your employer does not cooperate or sign on the application, you can apply for it with attaching a proper document explaining the situations. However the employers of no corporation in the field of agriculture or fishing industry and with less than 5 workers are not obligatory for the insurance. Even if it is not covered by the insurance, the medical treatment fee should be paid by your employer.
<▶continued continued on page 3>
Minimum Wages for Sailor Migrant Workers Rises up to 1.1 million won The minimum wage has increased up to 1.1 million won for migrant sailors with E-10 visa since May 1. If a migrant sailor holding E-10 visa won't get an increase in wage, you should ask for a pay increase. If you get paid less than the minimum, you can ask for help from any human rights group nearby and report to the Maritime Affairs and Port Office(해양항만청).
ASIAN WORKERS NEWS
VOICE IN SOLIDARITY
Page
Guarantee the rights for migrant workers suffering from industrial accident to receive proper medical treatment! Korea Workers' Compensation & Welfare Service neglecting migrant workers suffering from industrial accident
Even after applying for an industrial accident, if the employer denies that he hired the migrant worker or that the
On February 22, Amila Janaka, a Sri Lankan worker was hit
migrant worker had an industrial accident, the migrant
on his face by a crane due to another worker's mistake
worker has to conduct an additional investigation in
while working, and he asked for an industrial accident. After
the Service. However, the KCOMWEL does not provide
that in an advisory medical council of the Korea Workers' Compensation branch
&
presented
Welfare its
Service
opinion
(KCOMWEL),
that
his
symptoms
check-up
would
be
needed.
deciding his disability rating, there is no interpretation
were
suspicious of organic brain damage and more complete medical
an interpreter. Even while he meets a doctor for
Busan
Nevertheless,
The
but only in Korean. In
case
was
concluded
without
further
process
how
accurately
communication
with
migrant worker will be implemented and, accordingly,
Service in Busan did not take any follow-up measures and his
that
how precisely the decision will be made? These series
in-depth
of invasion to human rights are caused by the
examination.
KCOMWEL that does not consider migrant workers
In the process of classifying his disability rating, his doctor
in operating the industrial accident insurance system.
diagnosed that he became to have disability in cognitive
Therefore,
function by the accident so that he would be only able to
the
fundamental
solutions
should
be
prepared.
do very simple work. However, the Service wrongly decided
that his disease was a simple concussion and gave him the KCOMEL, Properly conduct your responsibility for and roles in 14th grade of disability. At present, Janaka still suffers from
protecting injured migrant workers' rights!
mental disability after the accident and without other people's The KCOMEL is an agency that exists for workers who help, he is unable to manage even his daily life.
get an industrial accident. From now on, the Service
Another case is from a Chinese migrant worker, A. While he
should properly recognize its responsibility and roles
was cutting discarded steel, a piece of severed steel hit his
by itself and should change. Workers suffering an
left thumb in Yeonho Steel Company in Yongwon, Jinhae on
industrial accident have the rights to be treated by
January 24, 2013. His case was treated as an industrial
legislation. Accordingly, we request as followings, and
accident. However, the KCOMWEL held up the approval of
if our reasonable demand is not accepted, we are
industrial accident for the reason that additional investigation
determined to protest strongly.
was required because the employer did not sign the industrial
<Our requests>
accident convalescence form despite that it was a clear
accidental catastrophe. And it threatened him to inform his 1) Immediately acknowledge Janaka's additional application undocumented status to the Immigration Control Office for medical treatment and guarantee him to receive thanks to an officials' duty to report. proper medical treatment! Complicated forms
only in Korean & Research without
interpretation
Not
to
industrial
exclude
migrant
accident
workers
insurance,
from benefiting
provide
information
precisely translated in their own languages and assign
When a migrant worker gets an industrial accident, it is almost impossible to apply for an industrial accident insurance by himself. It is because he does not have enough information on industrial accident insurance and it is difficult for him to fill out all documents in Korean. Fortunately, he applies for it with the assistance of his employer, though, in most cases his average wage is set lower than what he actually receives and the details of the accident are often written against him.
2)
If
interpreters and counselors regularly! 3) Provide application forms which migrant workers can understand, and assign interpreters whom migrant workers require in the whole process of applying for industrial accident insurance! 4) Send a notification of decision written in language which migrant workers can understand!
the employer refuses to sign an application form for a migrant worker, the hospital is often uncooperative, and migrant <Busan Ulsan Gyeongnam Workers' Health Rights Committee> workers happen to meet brokers who require a large fee.
2
NEWS BRIEF
July 1, 2013
Risk Death if You Apply for Refugee
"We can't go to Hospital if sick.": Migrant
Refugees won't get hired during refugee processing period for 1~2 years
workers in Daegu Sungseo Industrial Complex
Mr. P and Mr. T, Myanmarese, came to Korea escaping from
It is appeared that Migrant workers in Sungseo Industrial
the persecution during their pro-democracy movement in July,
Complex in Daegu can hardly go to the hospital even if
2011. Although they have done refugee applications, the
they are sick. Most of migrant workers there work about 12
process has not been finished yet. It's been more than 1 year.
hours a day, so they have no time and money to go see the
They worked at a clothing factory for living with 800,000
doctor.
won.
as
The Labor Union of Sungseo Industrial Complex in Daegu
undocumented workers. And Ministry of Justice imposed a
surveyed 237 migrant workers. Among them, 42.8% of
fine, 1 million won to them and gave them permissions to
migrant workers felt dangerous and unsafe when they treat
work for 3 months first because they can be allowed to work
machinery, harmful chemicals, noise, and risk of falling. 24%
here if the decision takes more than one year.
of them used to get injured while working. When they get
However, Ministry of Justice rejected the refugee application
injured, only 38% of them get treated by company. 63.5%
because there was not enough evidence of persecution and
of them don't know the fact that even undocumented
didn't consider extending their working permits. Mr. P and T
workers can get medical treatment when they get injured
complained to the office and worked at the same factory, but
while working. Moreover, 56.6% of migrant workers have
they were taken into custody at a shelter in Hwasung. They
never had medical check-up for recent 2 years and 32.5%
are waiting at a shelter for the result of the refugee application
said that they wouldn't go the hospital even if they wanted
process which takes maximum 5 years.
to,
In 2009, National Human Rights Commission advised Ministry
Undocumented
of Justice to postpone the custody until the result comes even
without visa. They said, "We can't go see the doctor even if
if the undocumented workers have jobs because
we want because of the crackdown" and "We don't want to
But
the
immigration
office
controlled
them
it usually
workers
hoped
to
get
health
insurance
takes about 4~5 years to recognize refugee application.
be discriminated."
An officer of Ministry of Justice said "Refuge applicants can
An official of the Labor Union in Sungseo Industrial
get jobs about 6 months after they applied for refugee if the
Complex suggested, "Many migrant workers' healths are in
new refugee law takes effect in July." The lawyer, Whang
danger
Philgyu of Gonggam, a non-profit law firm said, "There is no
working conditions. So, it is necessary to have a long-time
way to get a job for refugee applicants for 6 months since
policy for migrant workers' rights of health."
they applied for refugees. The regulation is not a requirement
(News1 / 2013-5-27)
but
a
permission
for
effectiveness is quite low.
them
to
get
jobs;
therefore,
with
extending
working
hours
and
dangerous
its
(Hangyeore/ 2013-5-20)
<▶from from page 1>
If your application is accepted for the insurance, you can get the medical treatment and 70% of your average wage for each month as long as your doctor says you need the treatment. And also you can get compensational money for the injuries left or disabilities. Even if the problem recurs to you later, you can get the medical treatment again through the insurance. If your treatment period gets longer, you can get G-1 visa for the safe treatment. With the visa, you can get only the medical treatment and cannot get a job.
Even after the treatment, the immigration officers are not to come and arrest you. If you are arrested while getting the medical treatment from the industrial accident, you should tell them that you are under treatment and protest against it. In this case, you’d better contact a human rights NGO for migrants’ rights.
All migrant workers have rights to get medical treatments when they get an industrial accident! All workers in Korea are eligible to get the medical treatment and
compensation for the injuries under the insurance when they get an industrial accident. Please contact any NGO for migrant workers’ rights to get consulted when you are not sure if it is possible to get it covered by the insurance, your employer is not cooperative for your case or have trouble in dealing with the Korean documents. (Please see the following list of the NGOs on page 4, which you might get some help from). Also when the Workers’ Compensation and Welfare Service does not provide you with an interpreter or a translator, please raise the issue on it to change the situation. AWN
ASIAN WORKERS NEWS
Information
Counseling
<Contact list of NGOs for
How can I have health insurance?
migrant workers’rights> Region
Seoul
Inchoen
Kyoungki /Goyang /Guri
Kyoungki do /Ansan /Gunpo
Daejeon
NGO The Organization for the human rights of the Foreign Workers nd 2 floor, Namyoungdong 59-3, Yongsangu, Seoul The Korean Migration Human Rights Center th 4 floor, Cheongcheon 2 dong 302-65, Bupyeonggu, Incheon Asia’s Friends st 1 floor, Dawhadong 2158-4, Ilsan Seogu, Koyang-si EXODUS, Migration Center of Catholic Kyomundong 224-41, Guri-si Ansan Migrants’ Center Wongokdong 791-4, Ansan-si Bus stop for earthians Room 401, wongokdong 818-3, Danwongu, Ansan-si Asia’s window th 4 floor, Dangdong 738-36, Gunpo-si Daejeon Moise 3rd floor of Daejeon Catholic Social Welfare Center, Ojeongdong 74-4, Daedeokgu, Daejeon.
Chungbu Labor and Human Rights Center k 2nd floor, Sachangdong 185-5, /CheongHeungduk-gu, Cheongju-si ju Chun-an Moise Chungna rd 3 floor of the Foreign m Exchange Bank Cheonan /Cheon-a Branch, Yeongseongro 67, n Dongnam-gu, Cheonan-si, Gumi Catholic Workers’ Center Wonpyeongdong 498-3, Gumi-si Kyoungb Kyoungsan(Kyoungbuk) Migrant uk Worker’s Center /Kyoungs rd 3 floor, Jungbandong 328-17, an Kyoungsan-si /Gumi Kyoungju Migrant Workers’ /Kyoungj Center u 3rd floor of Yemok Funiture, Seongdongdong 91-12, Kyoungju-si Ulsan Migrant’s Center th Ulsan 4 floor, Yangjungdong 523-4, Bukgu, Ulsan Busan Foreign Workers Support Center Sasanro 448, Sasangu, rd Busan(Busan Bank 3 floor) Busan With Migrant(Corp.) th 5 floor of SM building, Jeonpodong 193-38, Jingu, Busan Yangsan Foreign Workers’ Kyoungn House am Room 167 of the Yangsan /Yangsan General Sports Complex, Bukbudong, Yangsansi
Tel.
02749-6052
032576-8114 031921-7880 031566-1142 031492-8785 0704255-4718
By Ippei (SOMI counselor)
Q1> How can I have health insurance? A1> If you are working you are entitled to take out work-sponsored health insurance. Medical insurance premium is paid half and half by the employer and the worker. If the employer refuses taking out the insurance, you can request. Also, if you want to buy health insurance individually, you can join local insurance after three-month stay in Korea. If you need to pay medical fee before you take out any health insurance, then later when you are entitled to buy one you can pay it back retroactively.
Q2> I am sick, undocumented migrant without health insurance. Which hospital can I go?
A2> First, visit a ‘free clinic for migrants’ and find out what
042639-2664
symptoms you have. Ask a nearby migrant support center about information on clinic. If the clinic does not provide enough medical treatment, you can be advised to a collaborating hospital for migrants. You can receive medical treatment regardless of your legal status or having medical insurance or not.
043215-6252
Q3> My medical expenses are too much. What can I do? A3> In your case, methods how to receive medical expenses should
031443-2876
041523-2666
054455-2816 053814-4180
be considered. First, visit a social worker who helps low-income people, in a hospital. Or get counseling for medical support in a migrant workers’ center. In case that you need to be hospitalized or receive an operation, you can use a “support program for the neglected class of people including migrant workers”. Medical fee except non-payment options such as selected medical treatment fee can be provided. Please ask a migrant workers’ center for the hospitals because this support program is available only in designated hospitals. AWN
ASIAN WORKERS NEWS
054744-0079
052297-1282 051304-0900
051802-3438
055388-0988
Editor Reporters Translators Proof readers Layout Tel / Fax E-mail Homepage Address
Kim So-ryoung Kim So-ryoung, Lim A-yeong, Danny R Guerra, Toe Thu Ya Kim Hoe-ran, Park Kyung-wun, Lee Dong-hun Tess Manangan Kim So-ryoung
051-802-3438 / 051-803-9630 somi3438@hanmail.net http://fwr.jinbo.net 5F 193-38 Jeonpo-2 dong, Jingu, Busan, Korea (Postal Code 614-865)
This copy is free. We distribute this copy anywhere you need. Any foreign community can ask us for delivery. If you want this paper by mail, please call us. Solidarity with Migrants
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