Worker thrown from tipped aerial lift awarded KRW 23.77M beyond comp

Background

Our client, a sign installer, was working in the basket of an aerial work vehicle when the ground gave way, the vehicle tipped over and our client fell, suffering serious injuries with lasting effects. After receiving workers' compensation benefits and a payout from the vehicle's auto insurance, our client sued the employer for the remaining loss.

The issue

The employer's liability for safety failures, our client's share of fault, how benefits and insurance already received should be deducted, and the employer's argument that the three-year limitation period had expired.

Our approach

Our client sought damages for breach of the employer's duty of protection under the employment contract, and accepted 30% fault. Our client also argued that the auto insurance payout should be deducted in the same way as workers' compensation.

The court's reasoning

The court found the employer had failed to take safety measures such as checking ground conditions and securing the vehicle's stabilizers, and held it 70% liable. Because the claim rested on breach of a contractual duty of protection, the limitation period was ten years, and the three-year defense was rejected. The court did not accept the deduction argument, however, holding that the auto insurance payout differs in nature from workers' compensation and must be deducted after apportioning fault.

Outcome

The court ordered the employer to pay about KRW 23.77 million plus late-payment interest, part of the roughly KRW 49.65 million claimed. Our client was to bear 60% of the costs.

What this case means

Workers' compensation does not rule out separate damages where the employer breached safety duties. The applicable limitation period also depends on the legal basis of the claim.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.