A Korean American construction worker has been awarded $1.3 million in a California workers’ compensation case, following a serious on-the-job injury. The case underscores the critical importance of timely injury reporting and securing proper medical documentation under the state’s labor laws.
Injury, Legal Action, and Settlement
Kim, a construction worker, was injured on November 2, 2021, after falling from a scaffolding support at a business run by a relative. He sustained a fractured leg and was treated in the hospital. Kim reported the injury to his employer immediately and retained all medical records.
A week after the incident, Kim filed a workers’ compensation claim through a law firm. On March 19, following a lengthy legal process, he was awarded a total settlement of $1.3 million. He chose a lump-sum payment of $900,000, receiving $765,000 after legal fees.
According to the Roberto Hong Law Group, which represented Kim, this is one of the largest known settlements awarded to a Korean American for workplace injury in California. Attorney Roberto Hong noted that most cases settle between $10,000 and $200,000, but Kim’s 86% impairment rating—classified as severe disability—resulted in a much higher payout.
Legal Framework and Employer Obligations
Under California workers’ compensation law, employees with an impairment rating over 70% may also be eligible for a lifetime pension, depending on the injury. Hong emphasized the importance of notifying employers immediately and maintaining proper medical records after any workplace accident.
The Division of Workers’ Compensation (DWC) states that employees are eligible for benefits if they suffer from physical injuries, chemical exposure, job-related vehicle accidents, or repetitive stress injuries. Benefits include:
- Medical care
- Temporary or permanent disability compensation
- Job displacement benefits
- Death benefits
The DWC offers support at 800-736-7401 and reminds employees that retaliation for filing a claim is illegal. California law also requires all employers with at least one employee, including part-time workers, to maintain workers’ compensation insurance. Authorities regularly inspect businesses and enforce penalties for noncompliance.
BY HYOUNGJAE KIM [kim.ian@koreadaily.com]
