"Forklift Accident" Leads to Panic Disorder After One Year... Court Rules "Work-Related Injury"

Seoul Administrative Court, Seocho-gu, Seoul. / Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Kim Daehyun] A court ruling has recognized that a worker who developed panic disorder one year after being crushed by a forklift suffered an 'occupational injury.'

On the 29th, according to the court, Judge Lim Seongmin of the Seoul Administrative Court, Administrative Division 6, recently ruled in favor of plaintiff A in the first trial of the lawsuit to cancel the denial of medical care benefits filed against the Korea Workers' Compensation and Welfare Service.

Previously, in February 2016, A was working in smelting at a steel company when he was crushed by a forklift at the workplace. He sustained bruises on his foot but did not file a separate industrial accident claim at the time and quickly returned to work.

A visited a hospital emergency center in May of the following year after feeling severe anxiety upon seeing a fellow worker performing the same task during which he had the accident, and was diagnosed with panic disorder. In November 2018, A was reassigned to quality assurance inspection duties.

He applied for medical benefits from the Korea Workers' Compensation and Welfare Service in June 2020, but the Service rejected his application, stating that "the illness appears to be due to personal environmental factors rather than work-related causes." A filed an administrative lawsuit, claiming, "I have been receiving continuous treatment since the 2016 accident, but my mental illness worsened after hearing that a fellow worker died during forklift operations."

The first trial ruled in favor of A, stating, "A close relationship between the mental illness and work-related stress is recognized." Judge Lim said, "Before the 2016 accident, the plaintiff did not suffer from any mental illness, and even after the reassignment, a confirmation letter was written indicating trauma-related counseling sessions." He added, "According to a fellow worker, considering that the plaintiff could have died if the 2016 accident had gone differently, this was taken into account."

Judge Lim stated, "Occupational diseases included in occupational injuries refer to illnesses caused by work during the performance of duties, so there must be a causal relationship between work and the illness," but added, "However, it does not have to be medically or scientifically proven beyond doubt."

He further said, "Even though the plaintiff only sustained bruises at the time of the accident and returned to work without any special industrial accident processing, it is not unlikely that the plaintiff felt a threat to his life," and added, "Repeated stress related to the forklift likely acted as a stress factor that caused or worsened the plaintiff's illness."

The Korea Workers' Compensation and Welfare Service has appealed this ruling.