Occupational disease
The biggest problem with occupational diseases is that workers who suffer from them, and in many cases even their doctors, do not know exactly what to do if they suspect they have them.
Decree 27/1996 (VIII. 28.) NM 2. § Occupational disease is defined as acute and chronic impairment of health which occurs in the course of work or occupation, and which is acute and chronic, and which appears or develops after the exercise of the occupation, and which is due to physical, chemical, biological, psychosocial and ergonomic pathological factors related to work or occupation, or which is the result of a greater or lesser than optimal workload.
According to the OEP, an occupational disease is an illness or impairment of health caused by a particular hazard of the insured person's occupation. An occupational disease is generally a deterioration in health as a result of prolonged exposure."
If we simplify the definition of an occupational disease very much on the basis of the above, it can be concluded that virtually any confirmed illness or impairment of health that the worker suffers in the course of his or her work and is not the result of an accident (i.e. a one-off external cause) can be considered an occupational disease.
Of course, the emphasis is on the term ' certified occupational disease'. This means that the assessment of an occupational disease is a matter for medical experts, so that it is a relatively lengthy process.
This process is illustrated in the very illustrative figure below.
It can therefore be seen that there is a clear legal and procedural possibility for every worker to have an illness which he or she considers to be occupational in origin investigated directly or indirectly by the competent authorities. Thus, if it is established, in accordance with the procedure shown in the diagram, that the worker is suffering from an occupational disease, there is also the legal possibility for the worker who has fallen ill to claim not only sick pay but full compensation from his employer.