Fall while mowing a steep slope: employer's safety breach found

Background

Our client was employed by a forestry company and was clearing grass on a steep hillside with a brush cutter when the cutter caught on a branch; our client fell backward down the slope and suffered injuries with lasting impairment. After receiving workers' compensation disability benefits, our client sued the company for damages.

The issue

Whether the company breached its duty to protect workers, how much fault lay with our client, and how disability benefits already paid should be deducted.

Our approach

Our client argued that the company provided no safety equipment such as helmets or safety harnesses and gave no safety training, and claimed lost earnings net of disability benefits plus damages for distress.

The court's reasoning

Based on witness testimony and other evidence, the court found that the company had provided no safety gear, no safety training and no on-site safety supervisor, and held it liable. It limited the company's share to 30%, however, finding that our client was familiar with the terrain and that a minor lapse also contributed. Disability benefits were deducted first, before applying the fault ratio.

Outcome

The court ordered the company to pay about KRW 23.33 million, lost earnings plus KRW 10 million for distress, with late-payment interest, part of the roughly KRW 54.74 million claimed. Our client was to bear 60% of the costs.

What this case means

Even where the employer's share of fault is set low, losses not covered by disability benefits and damages for distress can be recovered separately.

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.