• Title/Summary/Keyword: compensation of injury

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Incidence of Nonfatal Unintentional Injuries among Students, and Compensation Payment for Five Years (2000~2004) in School, Seoul (서울시 초.중.고등학교에서 5년간(2000~2004년) 발생한 학생의 비의도적 손상 및 보상급여비 현황)

  • Shin, Sun-Mi;Lee, Hee-Woo
    • Journal of the Korean Society of School Health
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    • v.24 no.1
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    • pp.12-22
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    • 2011
  • Purpose: The purpose of this study was to identify incidence of nonfatal unintentional injuries (accidents) among students, and to investigate compensation payment for five years (2000~2004) in schools located in Seoul. Methods: Subjects were 14,783 students injured among elementary, middle and high school students. The accumulated data for 5 years (2000~2004) was from the Seoul School Safety and Insurance Association. Chi-square, ttest, logistic regression, and MANCOVA were conducted. Results: The most frequent accidents occurred among males (73.2%), and in special school students (3.86 per 1,000) followed by middle school students (3.05 per 1,000), in May (0.25 per 1,000) followed by June and October, in physical education classes (0.73 per 1,000) followed by special activities (0.40 per 1,000), recess (0.31 per 1,000) and lunch (0.29 per 1,000). Fractures (0.86 per 1,000) were followed by mild injuries (0.39 per 1,000), joint and ligament injuries (0.31 per 1,000), and teeth injuries (0.26 per 1,000). After adjusting for potential confounding variables, the highest means of final compensation payment was for burns (810 thousand KRW) followed by the teeth injuries (506 thousand KRW), cleaning injuries (550 thousand KRW) followed by injuries incurred during special activities (510 thousand KRW) and injuries incurred at special schools (556 thousand KRW). Conclusion: In school, the highest incidences of nonfatal unintentional injuries were in special schools, among males, fractures and physical education. However, the highest compensation payments were for burns, and injuries taking place at special schools and during cleaning hour. Proper health education including teaching healthy habits for safety/injury prevention is needed to prevent injuries and decrease compensation.

Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.87-130
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    • 2015
  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

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A Study on Efficiency of Case Management Practical Model for Industrial Injury Inpatients (산업재해 입원환자를 위한 사례관리실천모형의 효과성에 관한 연구)

  • Baek, Eun-Joo
    • Korean Journal of Occupational Health Nursing
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    • v.10 no.1
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    • pp.24-40
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    • 2001
  • This study is to observe the effectiveness of the applied model and to present the improvement plan and directions for development for the case management practical model suitable for the actual condition of Korea Labor Welfare Co. and needs of the industrial injury patients. The concrete purpose of this study is: First, observe the difference of stressor experience and experience degree between the experimental group and the comparative group. Second, observe the difference of stress of the experimental group and the comparative group. Third, find out how the stress affects the support degree and satisfaction degree. Fourth, present the improvement plan of case management model, which can promote the psychosocial rehabilitation of the industrial injury patient based on the research results. The outline of the main research results identified in this study is as follows. The stressors the industrial injury patients perceived are health problems, family matters, the problems concerning hospital recuperation (hospital staff and environmental problems), economical problems, problems of coming back to society, problems with companies, problems with Korea labour Welfare Co. and other problems. And the experience of stressor was prominently lower in experimental group than comparative group in the whole problem, health problem, problems with Korea Labour-Welfare Co. and other problems. The stressor experience degree was conspicuously lower in experimental group in the whole problem experience degree, health problem experience degree, problem with Korea Labour Co. experience degree and other problem experience degree. Besides whether or not the case management is applied is having a prominent affect on the primary factor affecting the stressor experience degree, therefore the patients applied with case management has less stressor than the patient who didn't. The difference of degree of tension experienced by the stressor in both groups, the degree of stress, was not conspicuous in statistics so it shows that the application of case management in this research has not affected the degree of tension. The field which had been the most help was emotional support in help level the experimental group perceived through applying case management about industrial accident patients and recuperation, compensation problem, medical treatment problem, family matters has been helpful in this order. The help level of the whole problem was in higher level than the middle value. The stress factor which affects the case management problem settlement is the whole body of stress. The satisfaction level of help through applying case management was highest in emotional support and family matters, recuperation problem, company problem, compensation problem, and medical treatment problem was the next highest. The satisfaction level of the whole problem was higher than the middle value. The stress factor affecting the satisfaction level of help is the whole body of stress. Therefore to reduce the stress level of industrial accident patients and for them to come back to local societies, we need to reinforce the continuance and responsibility of case management model, increase staff, reinforce the role of counsel and medical treatment, intervene in the patient's plan of leaving the hospital, develop social support system and the need to establish After Care Center.

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A Study on Factors Affecting Reemployment of the Disabled Workers owing to Industrial Injury in Korea (산재장애인의 재취업실태와 영향요인 분석)

  • Park, Soo-Kyeong
    • Korean Journal of Social Welfare
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    • v.37
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    • pp.171-193
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    • 1999
  • The ultimate goal of rehabilitation is social integration. Reemployment is, for the disabled workers, the primary source of not only income, but also identity and interaction. Unfortunately, for most disabled workers employment represents only a yet-to-be-fulfilled hope, a close but inaccessible goal, a daily reminder that they are not among the majority. The purpose of this study is to estimate reemployment rate in the industrial injured and to find factors affecting reemployment of disabled workers owing to industrial injury, and to make policy implication for the better industrial injury compensation rehabilitation system. The data were obtained through telephone interview with disabled worker who completed work injury compensation process in 1996-1997. The final sample was consisted of 1,060 respondents. The major findings were that almost lout of 3 disabled worker returned to work, and that the factor affecting reemployment of the disabled workers were severity injury, ADL(activity of Daily Living), the perception of disability severity, controlling for the demographic factors such as sex, age, education, marital status. The results indicated that psychosocial factors as well as physical function had influces on returning to work. The current findings suggests that rehabilitation services and policy aimed at enhancing vocational rehabilitation program and rehabilitation engineering services, and improving psychosocial resources should be considered by rehabilitation professionals and policy makers.

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The Study of the First Return-to-work of Injured Workers (산재근로자의 첫 직업복귀기간에 관한 연구)

  • Park, Eun Joo
    • Korean Journal of Social Welfare
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    • v.64 no.4
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    • pp.359-381
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    • 2012
  • This Study aims to investigate the patterns and causes of the time to return-to-work(RTW) of the injured workers. This study collected data with structured questionnaires and finally included 791 injured workers. The Kaplan-Meier method is used for describing the patterns of the time to RTW after the injury and after claim closure. And the Cox regression is used to identify significant factors on the time to RTW after the injury and after claim closure. The results show that amom the all respondents, the 2.65% returned to work within 1 month, 28.82% within 6 months, 50.95% within 1 year, 71.69% within 2 years after the injury, and the 29.46% of the all repondent returned to work before claim closure or directly after the claim closure, the 36.41% returned to work within 1 month, 56.64% within 6 months, 67.54% within 1 year after the claim closure. And the Cox regression results of the time to RTW after the injury show that the time to RTW affected by gender, age, income, the retirement during the treatment, the RTW to the company at injured time, injury type, surgery, the claim duration, disability ratings, vocational training. Also, the Cox regression results of the time to RTW after the claim show that the time to RTW affected by gender, age, income, the return to the company at injured time, disability ratings, vocational training. As a result, some implication and policies are suggested for reducing the time to RTW of the injured workers.

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Long-Term Care Needs Assessment of the Disabled Workers After an Industrial Injury (산재장해인의 장기요양서비스 요구 분석)

  • Choi, Eun Sook;June, Kyung Ja
    • Korean Journal of Occupational Health Nursing
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    • v.16 no.2
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    • pp.188-196
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    • 2007
  • Purpose: The objective of this study was to evaluate long-term care needs using RAI MDS-HC and MI-CHOICE among the disabled workers. Methods: Data were obtained from 45 personal care recipients with the disability of mental and nervous system, and analyzed using SAS 9.1 by applying t-test, ${\chi}^2$ test, or fisher's exact test. Results: Only 'bed mobility' and 'indoor ambulation' items of ADL and problem activity were statistically significant factors by the level of personal care benefit. By MICHOICE grouping, 20.0 percent of subjects belonged to nursing home group, 51.5 percent were home care service, 28.9 percent were intermittent personal care. Conclusion: Personal care services in industrial accident compensation insurance have been categorized with two groups according to level of disability. But our results could contribute to provide personal care service according to the long term care needs.

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An Inducement problem on the principle liability without fault in a legislative bill of injury and relief in a medical accident (의료사고피해구제법안상 무과실책임주의 도입 문제)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.271-310
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    • 2006
  • In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

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The Characteristics of Accepted Work-related Injuries and Diseases Claims in the Australian Coal Mining Industry

  • Chong, Heng T.;Collie, Alex
    • Safety and Health at Work
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    • v.13 no.2
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    • pp.135-140
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    • 2022
  • Background: Coal mining is a hazardous industry. The purpose of the study is to identify the nature of occupational injuries and diseases among coal miners and to determine the factors that affect the rate of injury and duration of time loss from work. Methods: A retrospective cohort study was conducted using accepted workers' compensation claims data of 30,390 Australian coal miners between July 2003 and June 2017. Results: Musculoskeletal and fracture conditions accounted for approximately 60% of claims in all occupational groups. Cox regression analysis showed that older age and female gender were significant predictors of longer time off work. Injury types and occupations were associated with work time loss: mental health conditions, and machine operators and drivers had significantly longer durations of time off work. Conclusion: Future research can further address how these factors led to longer time off work so that coal industry regulators, employers, and healthcare providers can target interventions more effectively to these at-risk workers.

Accident Characteristics and Prevention in Small Manufacturing Industries of Chemical Products (중소 화학제품 제조업의 재해 특성 및 예방)

  • 정병용;이동하
    • Journal of the Korea Safety Management & Science
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    • v.3 no.2
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    • pp.105-112
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    • 2001
  • This study concerns with the accident characteristics and prevention in small manufacturing industries of chemical products. To investigate the accident characteristics, we used workers' compensation reports and employers' accident analysis reports. One hundred and seven injury accidents which results in more than 4 days absence were surveyed from the manufacturing companies with under 100 employees. These data were used to investigate the accident characteristics in terms of company size, injured person's age, work experience, accident time, activity at time of accident, accident type, injury type, injured body Part, and accident agency We propose the accident prevention policy based on the accident characteristics. These results can be used to develop more effective occupational safety management policies in small manufacturing industries of chemical products.

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Transient Effects the Risk of Occupational Injuries as an Acute Events : a Case-crossover Study (환자-교차 대조군 연구를 적용한 산업재해 발생의 단기적 영향 요인)

  • Jeong, Seon-A;Won, Jong-Uk;Roh, Jae-Hoon;Lee, Jong-Tae
    • Journal of Preventive Medicine and Public Health
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    • v.34 no.1
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    • pp.35-40
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    • 2001
  • Objectives : To elucidate the transient effects on the risk of occupational injuries as acute events and establish so alternative proposal. Methods : The study population comprised a total of 302 workers randomly selected from applications for occupational injury compensation reported to the Inchon local labor office from January 1. 1999 to December 31. A case-crossover design, where each case serves its own control, was applied to this study. Through a telephone interview, workers provided useful data concerning five job related stressful events such as company transfer, work load change, overtime work, exchange duty, and work-part transfer. They were asked whether there were stressful events within a week of the occurrence of injury and the degree of stress. Exposure status from one year prior was used as control information. In the end, the data provided by 158 of selected persons was used for the analysis based on the quality of the data provided by the participants. A conditional logistic regression was used to discover the transient effects on the risk of occupational injuries as acute events. Results : The effects a company transfer and work load change on occupational injury was statistically significant on the risk of occupational Injuries as an acute event(RR=5.5, 95% CI=2.501-12.428; RR=3.1, 95% CI=1.963-5.017, respectively). Other stressful events were found to elevate the risk factor for the occurrence of occupational jujury, but were not significant. Conclusions : Our results suggested that transient stressful events elevated the risk factor for the occurrence of occupational injury.

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