Risk of Occupational Diseases - Medical and Legal Problems

Overview

The term risk of occupational disease is used in labour law instructions but it is not accurately defined. The government has not yet issued instrnctions defining which deviations from the normal health status represent a risk of occupational disease. ~th issuing a certificate on risk of occupational disease some important duties of the employer and benefits of the employee are associated. The latter include in particular that the employee is entitled to supplementary payment to the sum of the mean wage if the employee was transferred to different work on account of the risk of occupational disease, practically for the whole period of his subsequent active working life. The condition where from accepting the risk of occupational disease ensue important duties of employees and privileges of employees - while there is no uniform and nation-wide mandatory method for defining the risk of occupational disease - is not consistent with the principles of a legal state. There is the danger that there will be comparable health statuses which will be classified by one institution as a risk of occupational disease and not by another. This leads to legal u which will be classified by one institution as a risk of occupational disease and not by another. This leads to legal uncertainty of employees working under conditions where there is a risk of occupational disease.The complexity of the situation is demonstrated on the tase of a pacient who was transferred from work in a noisy environment on account of impaired hearing caused by noise nevertheless the hearing defect was however only of a very mild degree.

Key words:
risk of occupational disease, impaired hearing caused by noise, damages