Occupational diseases are diseases arising from adverse effects of chemical, physical, biological or other harmful influences, if they arise under conditions listed in the list of occupational diseases. Occupational diseases are defined in the Annex to the Government Regulation establishing the list of occupational diseases. This Annex contains a table of occupational diseases and the conditions for the occurrence of occupational diseases. These include, for example, diseases caused by ionising radiation, lens opacities caused by thermal radiation, diseases of tendons, tendon sheaths, tendon sacs or tendon tendons of muscles or joints of the limbs from prolonged overexertion, etc.
Amount of compensation
The employer is obliged to provide the employee with reasonable compensation if the employee’s ability to work has been reduced or restricted. Thus, if the employee is forced to perform work for less pay or is even unable to perform the work, the employer shall compensate the employee for this loss of earnings. The amount of compensation is calculated as follows: the average earnings of the employee before the injury – (the employee’s earnings after the occupational disease was diagnosed + the invalidity pension (if provided as a result of the occupational disease).
Prerequisites for entitlement
For this entitlement to arise, three conditions must be met:
- existence of an occupational disease – it must be proven that the employee suffers from a disease specified in the list of occupational diseases;
- loss of earnings – the occupational disease has resulted in a reduction in remuneration;
- Causal link between the occupational disease and loss of earnings – the test is whether the damage would have occurred as it did without the occupational disease. In simpler terms, whether the reason for the reduction in remuneration is actually the occupational disease.
Exercising claims
The employer is legally insured for such cases and has the right to have the insurance company compensate the employee for the damage incurred during the occupational disease. However, the employee claims compensation directly against the employer, who then claims the insurance benefit from the insurance company.
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This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.