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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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tourist
Joined: 15 Apr 2010
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Posted: Wed Jan 19, 2011 1:59 am Post subject: injured at work |
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The week before last I was walking to work`and just as I got in the door, I slipped on a patch of ice, my legs went from under me and I landed full force on my back. I was panned out for at lest 20 minutes. Somehow, I managed to get through the day but by last class I was unable to walk and in excruciating pain. To cut a long story short, I ended up in an ambulance.
After getting some x-rays that showed I had no broken bones, the doctor diagnosed a strained/torn muscle. He told me to rest for 2 weeks and gave me a medical cert. My coteacher was in the hospital and saw all this. I called in sick for the following Monday and Tuesday even though my coteacher did her best to make me go to work. I went back on the Wednesday and got through the week in considerable pain.
The following Monday I went to work, but I broke down in agony on the way home. Right now i am unable to walk without being in alot of pain. I told my work I needed the rest of the week off. They insisted I go to work. I told them I was physically incapable of getting to work. Relucantly they 'agreed' but then said if I take more than 2 days off, there would be a 'serious impact' It's now Wednesday and I haven't worked today or yesterday and I'm not going to work tomorrow or Friday as I am physically not able. They threatened that my job was in danger and I am now being monitored. By the way it takes me over an hour to get to work via bus, train and walking.
Do I have any legal rights? Coz I certainly ain't going back til I'm fully recovered. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Jan 19, 2011 2:47 am Post subject: Re: injured at work |
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| tourist wrote: |
The week before last I was walking to work`and just as I got in the door, I slipped on a patch of ice, my legs went from under me and I landed full force on my back. I was panned out for at lest 20 minutes. Somehow, I managed to get through the day but by last class I was unable to walk and in excruciating pain. To cut a long story short, I ended up in an ambulance.
After getting some x-rays that showed I had no broken bones, the doctor diagnosed a strained/torn muscle. He told me to rest for 2 weeks and gave me a medical cert. My coteacher was in the hospital and saw all this. I called in sick for the following Monday and Tuesday even though my coteacher did her best to make me go to work. I went back on the Wednesday and got through the week in considerable pain.
The following Monday I went to work, but I broke down in agony on the way home. Right now i am unable to walk without being in alot of pain. I told my work I needed the rest of the week off. They insisted I go to work. I told them I was physically incapable of getting to work. Relucantly they 'agreed' but then said if I take more than 2 days off, there would be a 'serious impact' It's now Wednesday and I haven't worked today or yesterday and I'm not going to work tomorrow or Friday as I am physically not able. They threatened that my job was in danger and I am now being monitored. By the way it takes me over an hour to get to work via bus, train and walking.
Do I have any legal rights? Coz I certainly ain't going back til I'm fully recovered. |
Long story short
a) do you have rights depends on where you work and how long you have been there.
-IF you have been there for less than 6 months then you are considered to be a "probationary employee" under the labor standards act. They CAN terminate you without cause.
-IF you have been there for more than 6 months you do have some protections under the labor standards act but you may need to file a claim to get your job back if you are fired.
Does your contract have "sick days" and what are the conditions for taking them.
Chances are that if you are at a hagwan you don't have any and they can terminate you for not being at work (the reason for your absence is not relevant).
Should you be covered by workers compensation and are you?
IF the injury was caused during the performance of your duties or as a consequence of something your boss requested that you do then you should be covered (but again, if you are at a hagwan you probably are not).
If it happened outside of your normal duties (you slipped as you entered the school before work) then you won't likely be covered either way but you do have the option of a civil claim to recover costs (there are no punitive damages awarded).
Also be aware that if you are terminated you will have to request an extension of stay from immigration to enable you to file your claims; civil and/or labor (your E2 does NOT continue after your termination).
Also be aware that the standard for negligence here is NOT THE SAME as back home and you may NOT win a claim on that basis (lack of your own due care during the winter when conditions are known to be slippery) IS A DEFENSE for your employer.
Also be aware that any attorney WILL expect to be paid in advance for filing a claim on your behalf (should you choose to do so) and there is no guarantee that you will win anything. You wouldn't be the first foreigner to get hurt on the job and be left high and dry by his employer (happens to migrant workers all the time and their injuries tend to be more dramatic (loss of limbs dramatic)).
Sorry.
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PigeonFart
Joined: 27 Apr 2006
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Posted: Wed Jan 19, 2011 2:55 am Post subject: |
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Your health is the most important thing. If doctors recommend that you take time off work, then do it. eFF your co-workers. They evidently don't give a damn about your well being.
As for the legal rights and all that, i'm sorry i can't help you there. I just wanted to encourage you to stay home and not let yourself feel guilty about those stupid co-workers. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Wed Jan 19, 2011 3:19 am Post subject: |
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Since you have a co-teacher, I'd guess that you're at a PS, not a hogwon. If so, you're probably better off in this situation. Not a lot better off but slightly. Hogwons are more profit oriented so they'll drop you the moment that you're costing them more money than you're making for them. So, if you've been there less than 6 months (i.e. you practically have no rights) then expect to be fired. Take some time to pack up your stuff and call some friends to see if someone can hold onto it for you in case you're evicted and have to stay at a hostel/yokwon/jimjilbang. Don't wait until you're boss sends someone over to throw your stuff out on the sidewalk.
That's a worst case scenario though. If you are working at a hogwon and get fired, then you might be able to negotiate something with the boss. Take a pay cut. If you are injured and need the rest, then it's a bad time to be running around town looking for a place to stay, going to the labor office, booking a flight, etc. Even if you take a cut in your pay it's probably better for your health in the long run. Unless your boss can find a replacement for you right away, then it's to his advantage to give you unpaid leave for another week instead of firing you. Be polite with discussing it with you. If you insult him or turn it into a battle of wills, then he'll spite you just to save face. But don't bring up that option with your boss unless he actually says that you're fired. He might just be blowing hot air, especially if you've passed the 6 month mark.
On another topic, you ought to spend a couple days at a jimjilbang. It would probably be a lot better for you than sitting at home, especially in this awful weather. Spend the day having a nice hot soak. Get yourself a massage. |
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tourist
Joined: 15 Apr 2010
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Posted: Wed Jan 19, 2011 3:41 am Post subject: |
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Thanks for your replies. This is my current situation. I have an F2 visa and my own accomadation independent from my place of work. I work on an After School Program in a public school but my contract is not with the school but with an agency. In my contract it says I have 3 paid sick days. Today is my 4th day of sick leave. I don't expect to get compensation out of this as I'm confident that's not how they do things over here, but I would hope to be paid for all the days I am off sick for however long that is.
On the day that I got injured, the school grounds were bone dry but it had started to snow. There was water dripping from the roof which froze and created this patch of ice on which I slipped, but which I couldn't see due to the snow. The days that I did work last week, that bloody patch of ice was still there, it should have been removed. Negligence of the highest order if you ask me. There were also a number of students who witnessed what happened. |
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