Which industrial accident compensation benefit claims does the provision place under a longer period before the right is extinguished?
General information · Not legal advice
Material to check
In a practice file we read the application made for each benefit and the date it was received, the recognition or decision paper for the injury and for each benefit, and any proof of service, since each of these may bear on when the right was exercised.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading works through the list: the rights to insurance benefits, of a work-injury medical institution, of a pharmacy, of an insured person and of the National Health Insurance Service are each extinguished if not exercised within the period the provision sets. The proviso then carves out, inside the insurance-benefit right, the rights to disability benefit, survivor benefit, funeral expenses, pneumoconiosis compensation pension and pneumoconiosis survivor pension, to which the longer period applies instead.
Another reading notes what the provision leaves unsaid: it fixes no event from which the period runs, and it provides that outside what this Act states, the extinguishing limitation follows the Civil Act. So whether the period began on the accident, on recognition of the injury, on a decision on the benefit, or on another event, and whether it was suspended or interrupted, are matters the provision leaves to the Civil Act and the dates in the file.
Your judgment
Which date in the file could mark the day this particular benefit right began to be exercisable, and does the Civil Act make the period run from it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the list of benefits or the lengths of the periods, or if a court decision fixes the event from which the period runs for a benefit named in the proviso.