According to Section 85 of the National Insurance Institute Regulations, an occupational disease is an illness contracted by an employee due to their work with their employer or on behalf of their employer, or in the case of a self-employed individual, due to their engagement in their trade.
For example, hearing loss in employees exposed to loud noise during their work, or lung diseases in employees exposed to toxic substances at work.
Based on the above definition of an occupational disease, the injured employee must prove three cumulative conditions as part of their claim. According to the definition set out in the law, an occupational disease is:
Listed as an Occupational Disease: The illness is defined as an occupational disease in the second appendix to the National Insurance Regulations (Insurance Against Work Injury). The second appendix in the National Insurance Regulations lists recognized occupational diseases, and the authority to determine which diseases are recognized as occupational diseases rests with the Minister of Labor.
Timing of the Disease: The employee contracted the disease while it was listed as an occupational disease in the regulations (each recognized occupational disease in the second appendix to the regulations includes the effective date of recognition as an occupational disease).
Causal Relationship: The employee contracted the disease due to their work with the employer or on their behalf (the employee must prove a causal relationship between the presence of the disease and their work). It is advisable to file a claim for an occupational disease both in court under the Tort Ordinance (where there is a cause of action) and with the National Insurance Institute.
The list of occupational diseases in the regulations is not exhaustive, and there may be cases where the National Insurance Institute and the courts recognize additional diseases not listed. For example, physical injuries resulting from repetitive actions during work may be recognized as micro-trauma, entitling the injured party to disability benefits.
Our firm has unique expertise in handling bodily injuries and occupational diseases, including silicosis, an occupational disease caused by exposure to harmful dust in the processing of stone surfaces.
