Workers' Compensation for Foreign Workers in Korea: E-9 & H-2 Visa Complete Guide 2026
📋 Key Takeaways
- Foreign workers (including E-9 and H-2 visa holders) are automatically covered by workers' compensation — regardless of nationality or immigration status
- After an accident, go directly to a designated workers' comp hospital and submit a medical care benefit application (요양급여신청서)
- There are 7 types of benefits: medical care, lost wages, disability, survivor, nursing care, injury/illness pension, and funeral expenses
- If your employer refuses or threatens you, you can file the claim entirely on your own
- Undocumented workers are also protected if actual employment can be verified
For foreign workers in Korea on an E-9 visa (non-professional employment) or H-2 visa (working visit), one of the biggest worries after a workplace injury is: "Am I even eligible for workers' compensation as a foreigner?" The answer is a clear yes. Foreign workers receive exactly the same workers' compensation benefits as Korean nationals.
Article 6 of the Industrial Accident Compensation Insurance Act states: "This Act shall apply to all businesses or workplaces that employ workers," with no distinction based on nationality or visa status. Court rulings and COMWEL's administrative interpretation consistently affirm the right of foreign workers — including undocumented workers — to file compensation claims. As of 2026, if an actual employment relationship exists, you are covered — full stop.
This guide covers everything from the basics of workers' compensation to the application process, all 7 benefit types, real challenges foreign workers face, and how to overcome them. Read through to the end and take note of the information most relevant to your situation.
What Is Workers' Compensation — and What Is the Legal Basis for Covering Foreign Workers?
▶ What Is Workers' Compensation Insurance?
Workers' compensation insurance (산업재해보상보험, Industrial Accident Compensation Insurance) is a mandatory national social insurance program that guarantees compensation when a worker is injured or falls ill due to work. Employers pay 100% of the premiums — workers contribute nothing. Administered by COMWEL (comwel.or.kr) under the Ministry of Employment and Labor, this insurance automatically covers all workplaces with one or more employees. Even if your employer has not paid premiums or failed to report you, your right to compensation remains intact.
▶ The Legal Basis for Covering Foreign Workers
The Industrial Accident Compensation Insurance Act makes no distinction based on nationality or immigration status. This principle was established in Supreme Court rulings in the early 2000s and has been consistently upheld ever since. All work-visa holders — E-9, H-2, E-7, F-4, and others — are covered. Even workers who have overstayed their visa can receive compensation if their actual employment can be proven.
From February 12, 2026, new H-2 (working visit) visas are no longer being issued and have been merged into the F-4 (overseas Korean) visa category. However, current H-2 visa holders continue to receive the same workers' compensation coverage until their permitted stay expires. Coverage also continues seamlessly after switching to an F-4 visa, as long as the employment relationship is maintained.
What Qualifies as a Work-Related Injury? Eligibility Criteria
To receive workers' compensation, the accident or illness must be recognized as a "work-related injury or illness" (업무상 재해). There are three main categories defined by law.
▶ Work Accident
The most common type. This includes accidents during working hours caused by machinery malfunctions, falls, falling objects, fires, explosions, or electric shock. Accidents that occur while traveling under work instructions also qualify. Intentional self-harm or accidents caused by clearly disregarding the employer's instructions are excluded.
▶ Commuting Accident
Since a law amendment in January 2018, accidents that happen while commuting are also covered as workers' compensation. This applies to accidents on the usual route — traffic accidents while using public transit, slipping while walking to or from work, etc. Detours taken for personal purposes may fall outside the scope of coverage.
▶ Occupational Disease
Diseases that develop from prolonged exposure to a work environment are also eligible. These include noise-induced hearing loss (factory/construction sites), musculoskeletal disorders (herniated discs, joint problems from repetitive tasks), occupational cancers (exposure to asbestos or chemicals), and pneumoconiosis (coal mining/quarrying). Cerebrovascular conditions such as stroke or heart attack caused by extreme overwork can also qualify if the connection to work is established.
| Type of Injury | Covered Examples | Not Covered |
|---|---|---|
| Work Accident | Machine entanglement, falls, fires, explosions | Intentional self-harm, drunk accidents |
| Commuting Accident | Traffic accident on public transit, fracture from a fall while walking | Accidents during personal detour |
| Occupational Disease | Noise-induced hearing loss, occupational cancer, pneumoconiosis | Personal illness unrelated to work |
| Overwork / Stress | Overwork-related stroke, heart attack | Illness due to personal health factors |
The Complete 5-Step Guide to Filing a Workers' Comp Claim
After a workplace accident, speed and evidence preservation are paramount. Follow the 5 steps below in order and the process won't be as difficult as it may seem. You can also apply online at total.comwel.or.kr, and if your Korean is limited, the COMWEL multilingual call center (1588-0075) can guide you through the process.
-
1
What to Do at the Accident Scene
Call 119 or ask a coworker for help. If possible, photograph and record the accident scene, write down witness names and contact details, and request that any CCTV footage be secured. Also prepare your work log, attendance records, and health insurance card. -
2
Transfer to a Designated Workers' Comp Hospital
Use the COMWEL website or call 1588-0075 to find the nearest designated workers' comp hospital and get transferred there. At a designated hospital, COMWEL pays the hospital directly, so you won't need to pay upfront. In an emergency, go to the nearest ER first, then transfer to a designated hospital once you are stable. -
3
Submit the Medical Care Benefit Application (요양급여신청서)
Visit a COMWEL branch or submit online at total.comwel.or.kr. Required documents: ① Medical care benefit application ② Initial medical opinion (from the hospital) ③ Accident report form (employer confirmation section included). If your employer refuses to sign, mark it as "Employer confirmation unavailable" and submit on your own. The hospital can also submit on your behalf. -
4
COMWEL Review and Approval Notice
After receiving your application, COMWEL will notify you of approval or denial within 7 days. Complex cases may be extended up to 30 days. During this period, a COMWEL investigator may visit the workplace or interview relevant parties. Any out-of-pocket medical expenses paid before approval are fully reimbursed after approval through a medical expense claim. -
5
Claim Additional Benefits (Lost Wages, Disability, Survivor)
Once medical care is approved, separately apply for lost-wage benefits if you cannot work during the recovery period. After treatment, if a disability remains, file for disability benefits. Each benefit uses a different application form — confirm with your COMWEL branch or download forms from the COMWEL website's forms library.
All 7 Types of Workers' Compensation Benefits — Explained in Full
Workers' compensation goes far beyond simple medical coverage. Seven types of benefits are available to match different situations, and multiple benefits can be received simultaneously in some cases. Knowing each benefit accurately under 2026 standards ensures you claim everything you are owed.
▶ ① Medical Care Benefits (요양급여) — Full Treatment Coverage
COMWEL pays the designated hospital directly for all medical fees, surgery costs, medications, hospitalization, rehabilitation, assistive devices, and prosthetics needed to treat a work-related injury or illness. Workers pay nothing out of pocket at designated hospitals. Items such as prosthetic arms, prosthetic legs, and hearing aids are also covered. If you were treated at a general hospital first, submit receipts and medical records to COMWEL for reimbursement after your claim is approved.
▶ ② Lost-Wage Benefits (휴업급여) — Income Replacement During Recovery
During the period when you cannot work because of treatment, 70% of your average daily wage is paid monthly. The first 3 days are not covered; benefits start from day 4. Low-wage workers receive an upward adjustment based on the minimum wage. Based on the 2026 minimum wage (₩10,030/hour), the minimum daily lost-wage benefit is approximately ₩56,168. COMWEL transfers the amount directly to the worker's bank account each month.
▶ ③ Disability Benefits (장해급여) — Compensation for Permanent Impairment
If a permanent physical impairment remains after treatment, you receive a pension or lump sum based on your disability grade (Grade 1–14). Grades 1–3 are paid as a pension only (average daily wage × 329 to 138 days' worth annually); Grade 4 and above allows a choice. Foreign workers planning to return home often choose the lump sum. For Grade 1 (the highest level), the lump sum equals 1,474 days of average daily wage.
▶ ④ Survivor Benefits (유족급여) — Support for Families After a Work-Related Death
If a worker dies due to a work-related injury, survivors receive either a survivor pension (52–67% of average daily wage) or a lump sum (average daily wage × 1,300 days). Family members in the worker's home country (spouse, children, parents, etc.) may also qualify as beneficiaries — they must submit notarized family relationship documents to apply. Funeral expenses can be claimed separately.
▶ ⑤ Nursing Care Benefits / ⑥ Injury/Illness Compensation Pension / ⑦ Funeral Expenses
Nursing care benefits are paid if you still require another person's assistance after treatment ends (up to ₩43,040/day for full-time care; ₩28,690/day for partial care — 2026 standards). If the injury or illness becomes permanent after 2 or more years of treatment, benefits automatically convert to an injury/illness compensation pension (Grades 1–3). In the event of a work-related death, funeral expenses equal to 120 days of average daily wage are paid to the person who conducted the funeral.
Medical care benefits and lost-wage benefits can be received simultaneously — during treatment, you receive medical care benefits (covering treatment) plus lost-wage benefits (covering living expenses). Disability benefits are claimed after treatment ends, so they are not paid at the same time as medical care benefits. Workers' compensation and civil damages can be pursued in parallel, but any duplicate compensation will be deducted from the civil damages award.
Real Challenges Foreign Workers Face — and How to Handle Them
Here is an honest look at the barriers foreign workers actually encounter during the workers' comp application process, along with specific solutions for each scenario.
"I won't extend your visa if you file" or "Get out of the factory" — these are clear illegal threats. Retaliating against a worker for filing a compensation claim violates both the Labor Standards Act and the Industrial Accident Compensation Insurance Act, and employers can face fines and criminal penalties. Report to the Ministry of Employment and Labor (dial 1350) or notify COMWEL of the obstruction. You do not need your employer's consent to file.
The COMWEL call center (1588-0075) provides multilingual interpretation in Korean, English, Chinese, Vietnamese, Uzbek, and more. The Foreign Workers' Support Center (1577-0071) also offers free interpretation and legal consultation. Seeking help from a local migrant support organization (migrant centers, labor unions, etc.) is also a good option.
Even if you are undocumented, you can file a workers' comp claim if actual employment can be verified. COMWEL does not notify immigration authorities during the claims process. However, if separate enforcement operations occur during your treatment period, there is a risk of deportation. Consider also looking into the Ministry of Justice's humanitarian stay permit or departure deferral program. Free legal assistance is available from the Korea Legal Aid Corporation (dial 132).
If Your Claim Is Denied — Appeal Procedures (Don't Give Up)
A denial from COMWEL is not the final word. The law provides a clear appeal process, allowing you to request a review and ultimately take your case to court.
-
1
Formal Review Request (심사 청구) — within 90 days of the decision
Submit a review request to COMWEL. An internal review committee will re-examine the case. -
2
Re-examination Request (재심사 청구) — within 90 days of the review decision
Submit a re-examination request to the Industrial Accident Compensation Insurance Review Board (under the Ministry of Employment and Labor). -
3
Administrative Lawsuit — within 90 days of the re-examination decision
File a lawsuit in administrative court. Free legal assistance is available from the Korea Legal Aid Corporation (dial 132).
Frequently Asked Questions (FAQ)
Official Contact Information — Complete List
• COMWEL (근로복지공단) Call Center: 1588-0075 (multilingual interpretation, weekdays 09:00–18:00)
• Ministry of Employment and Labor Helpline: 1350 (multilingual support, inquiries and reporting)
• Foreign Workers' Support Center: 1577-0071 (HRD Korea, free legal consultation)
• Korea Legal Aid Corporation: 132 (free legal consultation and litigation support)
• COMWEL Total Service Portal: total.comwel.or.kr (online workers' comp application)
• Foreign Employment Management System: eps.go.kr (visa and workplace change guidance)
Every foreign worker who works diligently in Korea has the right to work safely. Workers' compensation is the most fundamental safety net protecting that right. If an accident happens, don't hesitate — use the information above and file your claim.
When Visa and Immigration Issues Get Complicated — DODREAM Is Here
If a workers' comp claim leads to complex issues involving workplace transfers, visa extensions, or immigration status changes, DODREAM's specialist team provides tailored consultations.
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