Occupational Disease

Occupational Disease

Not every illness is considered an occupational disease. An occupational disease is a diagnosis recognized by law that disrupts an employee's health as a result of long-term exposure during the course of their work. In the workplace, we encounter various risks and factors that can negatively affect our health. The prolonged negative effects of these factors in the workplace may eventually lead to an occupational disease. An occupational disease is defined as an illness (health impairment) that:

• Was caused by working conditions

• And exposure to various hazardous factors in the work environment.

Only when the defining criteria of the law are met can the illness be classified as an occupational disease, and related claims can be made.

The degree of exposure to such hazardous factors varies across different professions. However, it is universally true that illnesses lead to serious consequences for workers and their quality of life. Therefore, it is important to be aware of these risks in the workplace and to pay appropriate attention to their effects. Unlike a work injury, where the impact is sudden and intense, the effects of an occupational disease are characterized by a gradual degradation of the employee's health.

Improper Working Conditions (Long-Term Exposure)

As mentioned earlier, occupational diseases can be caused by various factors in the work environment, such as chemicals, harmful emissions, physical factors (noise, vibrations), ergonomic issues, biological risks (viruses, bacteria), and many others. The most common occupational diseases include respiratory diseases, skin problems, hearing damage, vibration-related disorders (such as carpal tunnel syndrome), chronic back pain, cancer caused by exposure to carcinogens, and mental health issues related to work stress (including PTSD). Occupational diseases can be either chronic (long-term or permanent) or temporary.

List of Occupational Diseases

The key legal regulation, in addition to the Labor Code (Act No. 262/2006 Coll.), is Government Regulation No. 290/1995 Coll., which establishes the list of occupational diseases, as amended by subsequent regulations (Government Regulation No. 114/2011 Coll. and No. 168/2014 Coll.). This government regulation contains an annex that lists individual occupational diseases. These are illnesses caused by harmful effects of chemical, physical, biological, or other harmful factors, provided they were caused under the conditions specified in the list of occupational diseases. Occupational diseases also include acute poisoning resulting from the adverse effects of chemicals.

According to the National Health Information Portal of the Ministry of Health of the Czech Republic, the five most common occupational diseases in the Czech Republic over the last 10 years (2010–2020) include carpal tunnel syndrome, contact allergic dermatitis, scabies, asthma, and pneumoconiosis.

Importance of Prevention of Occupational Diseases

Prevention is key in the fight against occupational diseases. Employers should ensure a safe and healthy work environment by providing proper equipment, employee training, monitoring risks, and implementing measures to reduce exposure to hazardous factors. Employees should be well-informed about the risks associated with their work and be able to follow safety procedures and all possible protective measures.

Legal regulations appropriately set minimum standards for health and safety at work. Employers should pay particular attention to these regulations, comply with them, and ensure that their employees have access to appropriate health care, check-ups, and screenings.

If employers neglect the exposure of their employees to health risks, employees can seek legal remedies to address the issue.

Claims for Compensation Due to Occupational Disease

If an employee becomes ill as a result of long-term exposure to harmful factors leading to an occupational disease, the employer is obligated to compensate the employee in a manner similar to compensation for a work-related injury. The employer must compensate the employee for the damage or non-material harm caused by the occupational disease if the employee worked under conditions where the disease would arise.

In this article, we have aimed to describe what an occupational disease is. In future posts, we will focus on specific issues related to this matter. If you want to learn more, follow our blog, or feel free to contact us directly through our contact form.

Do You Struggle with the Jungle of Employment Law?

Follow us on social media such as Instagram, Facebook,  LinkedIn where we share advice, useful information, and updates from the world of employment law in a simple and understandable way. And don't hesitate to contact us anytime.