Flu Infection and Death While Working Abroad... Court Rules "Work-Related Injury" Possibly Influenced by COVID-19

Labor Welfare Corporation's Non-Payment Decision
"Causal Relationship Recognized" Bereaved Families Win
94 COVID-19 Industrial Accident Claims Filed
Legal Disputes Expected to Impact Outcomes

A court ruling has determined that contracting influenza and dying while working overseas qualifies as a work-related injury. This is expected to influence future industrial accident lawsuits related to the novel coronavirus infection (COVID-19). Photo shows an electron microscope image of the novel coronavirus. Photo by Yonhap News.

[Asia Economy Reporter Seongpil Cho] A court ruling has determined that death from influenza contracted while working overseas qualifies as a work-related injury. This ruling is expected to influence similar lawsuits related to the novel coronavirus infection (COVID-19) in the future.

According to the legal community on the 28th, the Seoul Administrative Court Administrative Division 3 (Presiding Judge Hwanwoo Yoo) ruled in favor of the family of worker A (46), who died from an illness contracted while working at a local factory in Cambodia, in a lawsuit against the Korea Workers' Compensation and Welfare Service seeking the cancellation of the denial of survivor benefits and funeral expenses. The court stated, "More than 600 local Cambodians worked at the factory, and it is highly likely that A had unavoidable contact with them in a crowded environment," adding, "A's infection with influenza reflects the realization of risks inherent in the work environment."

A joined B Industry in 2017 and worked at a doll factory near Phnom Penh, Cambodia. His health deteriorated due to an illness contracted there, and he returned to Korea in January of the following year. Upon return, he was immediately admitted to the emergency room of a university hospital and received treatment but died a month later. The cause of death was pneumonia and hypoxia caused by acute respiratory distress syndrome. However, the Korea Workers' Compensation and Welfare Service denied the family's claim to recognize it as a work-related injury, stating, "The work environment was not a situation likely to cause pneumonia." The family filed a lawsuit challenging this decision.

The court recognized a significant causal relationship between A's death and his work. The court noted, "The factory where A worked was located away from the city, with no public transportation available, and he could not go out without using the company vehicle," and stated, "It is highly likely that A contracted influenza within the factory." The fact that A did not receive appropriate treatment opportunities in Cambodia and only received proper treatment after returning home following the initial symptom onset also supported this judgment.

The issues in this case will be important in handling similar lawsuits related to COVID-19. According to the recently released 'COVID-19 Industrial Accident Status,' there have been 94 industrial accident claims related to COVID-19 infection, of which 4 involved overseas field workers. As COVID-19 continues, related industrial accident claims are expected to increase gradually, and legal disputes over infection and work-relatedness are anticipated to continue in the future.

This content was produced with the assistance of AI translation services.