How To Prove An Occupational Disease: Legal Advice

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How To Prove An Occupational Disease: Legal Advice
How To Prove An Occupational Disease: Legal Advice

Video: How To Prove An Occupational Disease: Legal Advice

Video: Occupational Diseases in PA | Legal Tip Tuesday 2022, December
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An occupational disease is a persistent health disorder as a result of exposure to harmful factors at work. The list of these diseases was approved by the Government of the Russian Federation, but it contains only a small part of the list according to which certain violations may actually occur. It is very difficult to prove the occurrence of an occupational disease. To do this, you should collect the necessary package of documents and certificates.

How to prove an occupational disease: legal advice
How to prove an occupational disease: legal advice

It is necessary

  • - extract from the medical history;
  • - a medical card with all the conclusions of doctors of specialized specialties;
  • - medical examination;
  • - conclusion of the trade union committee;
  • - the conclusion of the labor protection inspector;
  • - the act of the commission on working conditions and the nature of work.

Instructions

Step 1

Only regional professional pathological medical institutions have the right to establish an occupational disease, and medical and social commissions have the right to determine disability resulting from the impact of negative factors. You must get a referral for both the one and the other commission at the polyclinic at your place of residence or at the place of work.

Step 2

See your local doctor. If you systematically sought medical help, then the doctor is aware of your illness and in the medical card in the medical institution, all types of your illnesses, the timing of your visit to the hospital and the time spent on the certificate of incapacity for work are described in detail. If you were in the hospital, take an extract from the medical history, certified by the head physician of the medical institution.

Step 3

The local doctor will write out a referral for all the necessary examinations, fill out a medical card, describe your medical history, nature of work and working conditions from your words. All narrow specialists of specialized specialties must put their conclusion in the appropriate columns.

Step 4

If the doctor thinks that the nature of your disease fits the list under which disability is issued, you will be given a referral to the medical and social expert commission. If the disease is persistent, but does not cause partial or complete loss of working capacity, then you will be sent to the regional occupational pathological institution for examination.

Step 5

You may be asked to present the opinion of the trade union organization from the place of work, the labor safety inspector, the act of the commission on the conditions and nature of work. On the basis of the submitted certificates, conclusions and documents, the members of the commission will decide whether your disease is professional or not.

Step 6

If a decision is made that the health impairment is caused by professional activity or special working conditions, then you will have a number of benefits due to the presence of occupational diseases. Read about all the benefits in the additional links.

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