ocean law office

労働災害の損害賠償請求なら経験豊富な弁護士にご相談ください! 労働災害の損害賠償請求なら経験豊富な弁護士にご相談ください!

Are any of these issues troubling you?

アイコン

I suffered an injury even though I was following my company's instructions

アイコン

About how to use heavy machinery and tools, There was no sufficient explanation from the company.

アイコン

I suffered an injury due to another employee’s mistake, which resulted in a permanent disability

アイコン

In addition to workers' compensation, I want the company to provide proper compensation for the future

アイコン

Does the workplace injury I suffered constitute a "breach of the duty of care for safety"?

アイコン

I am wondering whether I should file a compensation claim against my company

If you have even the slightest doubt about your company's response,please do not give up and consult an attorney at an early stage!

In such cases, please consult
with one of our attorneys whoare experienced
in workplace injury claims!

Our Strengths

当事務所の強み 当事務所の強み

Message from the Attorney

The workers' compensation application process
is usually handled by the company where you work,
so those who have been involved in a work-related
accident should not be bothered by the application process.

However, in cases where the disability level is to be certified after the completion of treatment, or when a compensation claim is made against the employer, retaining a lawyer who is well versed in workplace injury practices will enable the receipt of an appropriate disability level certification and compensation.

Please consult with us if you are planning to apply for disability level certification due to the severity of an injury, or if you are considering filing a compensation claim against your employer.

Examples of Resolved Cases

case1A change to the disability level certification was achieved

Mr. A. suffered an injury to his face in a traffic accident while commuting to work. He filed a disability benefits claim with the director of the Labor Standards Bureau, due to being left with scarring, but was unable to receive a disability level certification. Mr. A appealed the result and filed a request for review, but it was dismissed.

Upon being retained by Mr. A, we reviewed the medical records such as medical certificates and written opinions (prepared by doctors in the disability level certification process), and after confirming the condition of Mr. A's injuries, we filed a lawsuit to revoke the certification disposition.

At the trial, as a result of providing layers of evidence, including having the judge look at Mr. A's injuries, a disability level was certified in the judgment.

詳しくはこちら

case2Compensation claim filed by a client's employer

When Mr. B was about to get on a forklift in the factory where he worked, the driver mistakenly accelerated suddenly, causing Mr. B to fall over, and the forklift ran over his right leg and broke it. After completing treatment, Mr. B received a disability level certification and was determined to have a grade 14-9 disability.

On the other hand, the employer claimed that Mr. B fell when he tried to jump onto a moving forklift, and that he was entirely at fault.

Upon being retained by Mr. B, we performed a detailed investigation into the circumstances of the accident, and as a result it was found that the accident was not as claimed by the employer, but rather was caused by forklifts in the factory routinely being ridden by two people.

As a result of making specific allegations against the employer regarding the details of the accident and the employer's breach of its duty of care for safety, Mr. B received 2.7 million yen in compensation.

詳しくはこちら

case3Compensation claim for a workplace accident

The injured person was a foreign male who fell from a height while working, which left the lower half of his body paralyzed. His family was in the process of applying for workers' compensation, and when he came to our office for consultation, he had already received workers' compensation certification. Therefore, a lawyer from our firm was retained for the compensation claim against the company.

We sent a compensation claim to the company by certified mail, and the company also hired a lawyer and negotiations were held. We initially attempted to resolve the matter quickly through out-of-court negotiations, but the company was unwilling to pay and negotiations broke down, leading to the filing of a lawsuit.

It took several years from when we were retained, but in the end, the court was able to persuade the company quite strongly, and we were able to settle the case for approximately 100 million yen in compensation.
The victim had suffered a serious injury in a foreign country and probably spent his days feeling crushed with anxiety. However, with the support of his family, he was able to receive compensation. The case was a difficult one, because the client's income was not that high to begin with, and there was a large difference in opinion with the company regarding the amount of lost earnings, but we were able to successfully resolve the case. I remember the radiant feeling from receiving the client’s words of gratitude as if it were only yesterday.

詳しくはこちら

case4Compensation claim for work-related suicide

The victim became depressed after working more than 100 hours of overtime per month for about six months.
Several years later, the victim was assigned to work at a client's site at the company's instructions, and he committed suicide by poisoning himself at home, which was probably triggered by a disagreement with the person in charge there and due to being bullied.
We were retained by the bereaved family to assist with the workers' compensation application and to file a compensation claim against the company.

In this case, there was a gap of several years between the time he became depressed and the time he committed suicide, making it difficult to determine the causal relationship between the excessive work and his suicide. Therefore, we prepared a detailed chronological summary of the facts and a written opinion describing the details of the case, and argued that workers' compensation should be approved. As a result, workers’ compensation was finally approved.

After workers' compensation was approved, a compensation claim was made against the company, and the company hired a lawyer and negotiations were conducted.
Although the case did not necessarily involve a clear violation of the company's duty of care for safety, a settlement was reached, with the company ultimately paying approximately 25 million yen in compensation.

This was a very difficult case, but we were able to achieve a good result by taking the time to carefully investigate and study the case.

詳しくはこちら

Please consult with one of our attorneys who are experienced in workplace injury claims!

Q&A on Workers' Compensation

QCan a "self-employed sub-contractor" apply for workers' compensation?
ASince a self-employed sub-contractor is not in an employment relationship with the head contractor, the head contractor's workers' compensation insurance cannot be used. However, if it is determined that the injured person was a sub-contractor in name only, and was in effect under the direction and orders of the head contractor, the sub-contractor may be considered an employee of the head contractor and may be able to file an application for workers' compensation.
QCan I apply for workers' compensation or make a compensation claim against my employer without resigning?
AYou can apply for workers' compensation or make a compensation claim against your employer even if you are still employed.
QWhat should I do if I have a work-related accident?
AWorkers' compensation insurance allows a worker to receive compensation for their medical expenses (medical care benefit) and absence from work regardless of whether the worker was at fault or not, so the first step is to report the occurrence of the work-related accident to your employer and apply for workers' compensation.
QWhat are lost earnings in the event of death in a work-related accident?
AWhen a person dies as a result of a work-related accident, the opportunity to earn future income is lost, and this lost income (profit) is called lost earnings. Lost earnings due to death are calculated by (income in the year prior to the work-related accident) x (1 - cost of living deduction rate) x (Leibniz coefficient corresponding to the number of years the person was able to work).
QWhat is the usual range of consolation money for death in a work-related accident?
A20 to 28 million yen is often awarded by the courts. This amount also includes compensation specifically for the bereaved family. Note that workers' compensation insurance does not have a benefit item that is equivalent to consolation money.
QWhat are the lost earnings if I am injured in a work-related accident and receive a disability level certification?
ADisability level certification is categorized from Level 1, being the most severe, to Level 14, being the least severe, and the certification level determines the rate of lost earning capacity. For example, the rate is 100% for Levels 1-3, and 5% for Level 14. The calculation method is (amount of income in the year prior to the work-related accident) x (rate of lost earning capacity) x (Leibniz coefficient corresponding to the period of loss of earning capacity).
QHow much consolation money will I receive if I am injured in a work-related accident?
AIt is calculated based on the length of the period required for hospital visits, the actual number of hospital visits, and the extent of the injury. In addition, if a disability level is certified, separate compensation is awarded according to the disability level. Note that workers' compensation insurance does not have a benefit item that is equivalent to consolation money.
QCan a part-time employee apply for workers' compensation?
AWorkers' compensation insurance applies to non-regular workers such as part-time, casual, and contract workers, so they can apply for workers' compensation.
QMy employer has asked me not to apply for workers' compensation, so what should I do?
AFailure to file an application for workers' compensation despite the occurrence of a work-related accident is a violation of the Industrial Safety and Health Act. Therefore, you should inform your employer that they would be breaking the law and persuade them to apply. If your employer still does not respond, you can apply for workers' compensation by yourself instead of relying on your employer.
QCan I apply for workers' compensation or claim compensation from my company if I was also at fault?
AWorkers' compensation insurance does not reduce the amount of compensation even if the worker was at fault. On the other hand, in a compensation claim against your employer, you will bear part of the loss if you were partially at fault, but you can claim compensation from your employer for the amount remaining after your portion of fault is deducted.

Lawyer Profile

I handle a wide range of cases, including traffic accidents, bankruptcy, family law, and real estate, and am gaining experience and broadening the scope of my practice every day. I strive to provide a service that satisfies my clients. Please feel free to consult with me.

金井慎吾
2009.3
Graduated from School of Law, Waseda University
2011.3
Graduated from Chuo University Law School
2012.9
Passed the bar examination
2014.2
Registered as an attorney. Joined Ocean Law Office (Dai-Ichi Tokyo Bar Association)
2022.2
Member of Ocean Law Office LPC (Tokyo Bar Association)
2023.5
Transferred to the Kyoto office of Ocean Law Office LPC
upon its establishment (Kyoto Bar Association)
金井慎吾 金井慎吾

Please consult with one of our attorneys who are experienced in workplace injury claims!

Legal Fees

Consultation fee Retainer fee Contingency fee
Compensation claim against an employer Free Free(300,000 yen in case of claims related to mental illness) 15-20% of economic benefit if settled through negotiation;20-25% of economic benefit if resolved through litigation
Disability benefit application support Free Residual disability level 1 ~ 7“5 years of annuity + lump-sum payment” x 6% Residual disability level 8 ~ 14“Lump-sum payment” x 10% (Minimum fee of 100,000 yen)
Administrative appeal
(Workers' Compensation Appeal)
200,000 yen 20% of economic benefit
Litigation to overturn workers' compensation claim rejection 500,000 yen 20% of economic benefit
Compensation claim against an employer
Consultation fee Free
Retainer fee Free(300,000 yen in case of claims related to mental illness)
Contingency fee 15-20% of economic benefit if settled through negotiation; 20-25% of economic benefit if resolved through litigation
Disability benefit application support
Consultation fee Free
Retainer fee Free
Contingency fee Residual disability level 1 ~ 7“5 years of annuity + lump-sum payment” x 6%
Administrative appeal(Workers' Compensation Appeal)
Consultation fee Free
Retainer fee 200,000 yen
Contingency fee 20% of economic benefit
Litigation to overturn workers' compensation claim rejection
Consultation fee Free
Retainer fee 500,000 yen
Contingency fee 20% of economic benefit

Flow of Consultation

Contact us

Contact us

First. please contact our office by telephone or email.
We will schedule a consultation with an attorney.

Meeting and resolution proposal

Meeting and resolution proposal

One of our attorneys will discuss your current concerns in detail over the phone or in person.
The initial one-hour consultation is free of charge. We will propose the best solution for the problems you are facing.

Contract

Contract

If you agree with the proposal we provide at the meeting, you will formally enter into an engagement agreement with the attorney.

Negotiation and resolution

Negotiation and resolution

Our attorneys take the most appropriate action for each client's case. If necessary, your attorney will negotiate with the other party on your behalf, or serve as an intermediary between the parties to reach a resolution to the problem.

Please consult with one of our attorneys who are experienced in workplace injury claims!

Office Overview

Kyoto Office (Ocean Law Office)

〒605-0081
6th Floor, SRSX Building, 334 Yamatooji Higashiiru Miyoshi-cho, Furumonzen-dori, Higashiyama-ku, Kyoto City, Kyoto Prefecture

075-366-5712
075-366-5713

7-minute walk from Sanjo Keihan Station on the Kyoto Subway Tozai Line
8-minute walk from Sanjo Station on the Keihan Main Line

Shiba Daimon Office (Ocean Law Office)

〒105-0012
8th Floor, YSK Building, 1-3-11 Shiba Daimon, Minato-ku, Tokyo
A Toyota Rent a Car is on the first floor.

03-6435-9486
03-6435-9487
  • Exit from Exit A4 of Daimon Station on the Toei Subway Asakusa Line and walk straight to the left. After passing a Sake no Yamaya and Lawson on the left, the building is on the corner of the second block. (2-minute walk from Daimon Station)
  • Exit from Exit A2 of Onarimon Station on the Toei Subway Mita Line and walk straight for a short while. Turn left at the first corner and walk straight to the main street (Daiichi Keihin), passing Keio University Shiba-Kyoritsu Campus on the right and Family Mart on the left. The building is on the left corner when you reach the Daiichi Keihin. (5-minute walk from Onarimon Station)
  • Exit from the North Exit ticket gate of Hamamatsucho Station on the JR Yamanote Line and Keihin-Tohoku Line, and walk straight down Takeshiba-Dori toward Tokyo Tower. Cross the Daimon intersection towards Tokyo Tower and continue straight to the right. After passing a Sake no Yamaya and Lawson on the left, the building is on the corner of the second block. (7-minute walk from Hamamatsucho Station)
  • Enter the lobby and take the elevator to the 8th floor. The door will be open, so please use the phone at the reception to call us.

Meguro International Law Office

〒153-0063
8th Floor, Fukuyama Building, 1-24-18 Meguro, Meguro-ku, Tokyo

03-6421-7827
03-6421-7828

Exit the West Exit of JR Meguro Station, cross the street towards the Sumitomo Mitsui Bank branch, and walk straight down Meguro-Dori toward the Meguro River.
Walk down Gonnosuke-Zaka and cross the pedestrian crossing just before the Meguro River in the direction of the pharmacy (Cocokara Fine). The building across from Cocokara Fine (near Meguro River) is the Fukuyama Building. There is a pillow store on the first floor and a dentist on the second floor. The entrance is located slightly down the hill from the corner of the pillow store. Please take the elevator to the 8th floor.