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10 min czytania 15 November 2023

Occupational illness is affecting an increasingly wide range of workers, covering different industries and occupations. It is not only an issue for workers exposed to chemicals or dangerous working conditions, but also for those who do office work or use modern technology. Who issues the decision to declare an occupational disease? What is the procedure for dealing with an occupational disease? When is an occupational disease diagnosed? Must a suspected occupational disease be reported to the relevant authorities? How much is an occupational disease pension?

What is an occupational disease?

An occupational disease is a condition that is directly caused by work and its harmful or dangerous factors. It can also be caused by the way the work is performed itself.

According to the wording of Article 2351.K.p., an occupational disease is considered to be a disease which is included in the list of occupational diseases (list in the Occupational Diseases Regulation).

Is an occupational disease only diagnosed during work?

An occupational disease can also be diagnosed in a worker after he or she has been exposed to an occupational disease. The period during which the appearance of symptoms allows an occupational disease to be recognised varies according to the type of condition and is precisely defined in the occupational disease legislation.

How to report a suspected occupational disease? Procedures for diagnosing occupational diseases

Notification of an occupational disease can be made by the employee himself, the employer or the doctor carrying out the preventive examinations. In this case, it is the employer’s duty to report the suspected occupational disease to:

• the State Sanitary Inspector
• The District Labour Inspector

If an employee sees symptoms of an occupational disease in himself and is no longer working at the place in question, he must report the suspicion to the doctor himself and the doctor will refer the report to the competent State Sanitary Inspector and the competent labour inspector. The notification must be made via a special notification form. If it is suspected that an occupational disease may have been the cause of a worker’s death, it is necessary to report the incident by telephone.

The reporting of a suspected occupational disease can be done by any doctor. It can be a family doctor, a specialist doctor, a preventive doctor, a dentist, etc. If he/she suspects an occupational disease, he/she sends a referral for further examination to the provincial occupational health centre. The medical examiner of the occupational health unit in turn sends a report of suspected occupational disease to the competent state health inspector and the competent labour inspector.

The jurisdiction shall be determined according to the place where the work is or was carried out by the worker when the occupational exposure records are collected at that place, or, if this is not possible, according to the place where the last occupational exposure took place.

What are the causes of the emergence of an occupational disease?

The causes of the emergence of an occupational disease can vary depending on the type of work performed. The most common causes of occupational illness include:

• physical factors, e.g. mechanical vibration, noise,
• chemical agents, e.g. dusts, gases, fumes, vapours,
• biological agents, e.g. viruses, fungi, bacteria and parasites

What are occupational diseases?

A full register of occupational diseases can be found in the annex to the Council of Ministers’ Decree of 30 June 2009. These include:

• chronic obstructive bronchitis,
• pneumoconiosis
• lung diseases caused by hard metal dust,
• chronic or acute poisoning,
• pleural or pericardial diseases,
• byssinosis
• berylliosis,
• extrinsic allergic alveolitis,
• allergic rhinitis,
• bronchial asthma,
• allergic laryngeal oedema,
• tumours: lung, skin, haematopoietic system, bladder, liver, nose and paranasal sinuses, larynx,
• skin diseases: contact dermatitis, oil acne, grease acne, chloral acne, contact urticaria, occupational photodermatoses, dermatophytosis, yeast dermatitis,
• infectious or parasitic diseases,
• diseases of the visual system caused by physical, chemical or biological agents: conjunctivitis, corneal degeneration caused by irritants, cataract, central degenerative changes in the retina and choroid
• diseases caused by high or low ambient temperatures: heat exhaustion or its consequences, heat stroke, frostbite
• diseases caused by work under increased atmospheric pressure: decompression sickness, pressure injuries, consequences of breathing gaseous mixtures under increased pressure,
• vibration syndrome: vascular-nervous form, osteoarticular form, mixed form: vascular-nervous and osteoarticular,
• chronic diseases of the peripheral nervous system caused by the way the job is performed: carpal tunnel syndrome, ulnar tunnel syndrome, Guyon’s canal syndrome, damage to the common peroneal nerve in people who work in a squatting position,
• chronic musculoskeletal diseases induced by the way the job is performed: chronic tendonitis, chronic synovitis, chronic damage to the meniscus in workers who kneel or squat, chronic periarticular inflammation of the shoulder, chronic epicondylitis of the humerus, fatigue fracture of the bone,
• diseases induced by exposure to ionising radiation: acute generalised radiation sickness after irradiation of the whole body or of a predominant part of it, acute radiation sickness of an inflammatory or inflammatory-arthritic nature in the skin and subcutaneous tissue, chronic radiation dermatitis, chronic damage to the bone marrow, radiation cataracts,
• chronic diseases of the vocal tract caused by excessive vocal effort lasting at least 15 years: hard voice nodules, secondary hypertrophic changes of the vocal folds, paresis of the internal muscles of the larynx with spindle-shaped glottal phonatory insufficiency and permanent dysphonia.

What can be the symptoms of an occupational disease?

An occupational disease is caused by factors present in the workplace. The symptoms of the disease can vary, depending mainly on the nature of the work and the organism. The following are examples of potential symptoms:

• coughing, difficulty breathing, shortness of breath, chest pain,
• rashes, itching, blisters, redness on the skin,
• difficulties with motor coordination, headaches, dizziness,
• abdominal pain, nausea,
• hearing problems, eye pain, reduced visual acuity,
• urinary tract infections, pain when urinating,
• increased levels of toxic substances in the blood,
• mobility problems, joint and muscle pain.

How can an employer diagnose an occupational disease in an employee or former employee?

It is the duty of the employer to look after the welfare of the employee. When an occupational injury is suspected, the employer should establish the causes of the occupational disease, its nature or the extent of the risk of the disease. It is necessary to immediately remove the factors that cause the occupational disease or take preventive measures. The employer is also obliged to implement the medical recommendations and keep a register. In this register, cases of officially confirmed occupational diseases should be recorded, as well as any signals or suspicions of their occurrence. The employer should keep such data for a period of 10 years.

What benefits can be obtained if an occupational disease is diagnosed?

If you have been diagnosed with an occupational disease, you can claim the following benefits:

• sickness benefit,
• compensatory allowance,
• rehabilitation benefits,
• one-off worker’s compensation,
• survivors’ pension,
• disability pension,
• attendance allowance,
• supplement to survivor’s pension – for an orphan,
• covering the costs of treatment in the field of dentistry and preventive vaccinations and supply of orthopaedic appliances to the extent defined by law,
• in the event of an employee’s death due to an occupational disease, to which the deceased’s family members are entitled – a one-time compensation, a survivor’s pension and a supplement to a survivor’s pension.

The payment of the benefits described above is financed by the Social Security from the accident insurance funds. It is important to emphasise that a self-employed person is not entitled to receive occupational sickness benefits if, at the date of application, he or she is in arrears in the payment of social insurance contributions. In such a case, the benefits granted will not be due.

How much is an occupational disease pension?

Pensions for incapacity for work caused by an accident or occupational disease

The amount of your occupational disease pension is calculated in two steps:

In the first step, we calculate the amount of your incapacity benefit, which takes into account:

• 24% of the base amount,
• 1.3% of the assessment base for each full year of contribution periods – each full month,
• 0.7% of the assessment base for each full year of non-contributory periods – each full month,
• 0.7% of the assessment base for each full year of contribution and non-contribution periods missing from the date of the pension application to the date on which you would have reached 60 years of age. This period is the hypothetical length of service.

In the next step, we assess whether the established disability pension due to incapacity for work resulting from an accident at work or occupational disease is not lower than the established guaranteed minimum:

• 60% of the pension assessment basis – if you are partially incapable of working,
• 80% of the pension assessment basis – if you are totally incapable of work,
• 100% of the pension base – if you are entitled to a training pension.

Worker’s compensation for occupational disease

Compensation for an accident at work or occupational disease is based on set rates. Between 1 April 2023 and 31 March 2024, the one-off benefits for an accident at work or occupational disease will be:

• PLN 1269 for each percentage of permanent or long-term health impairment;
• PLN 1269 for each percentage of permanent or long-term health impairment, for an increase of this impairment by at least 10 percentage points;
• PLN 22,212 for a certificate of total inability to work and inability to lead an independent life of the insured;
• PLN 22,212 for a certificate of total inability to work and inability to lead an independent life due to deterioration of the pensioner’s state of health;
• PLN 114 231 when the spouse or child of the deceased insured or disability pensioner is entitled to single compensation;
• PLN 57,115 when the member of the family of a deceased insured or pensioner other than the spouse or child is entitled to one-time compensation;
• 114 231 PLN when the spouse and one or more children of the deceased insured or pensioner are entitled to one-time compensation at the same time, and 22 212 PLN for the increase of this compensation for each of these children;
• PLN 114 231 when two or more children of the deceased insured or pensioner are simultaneously entitled to the one-time compensation, and PLN 22 212 for the increase of this compensation for the second and each subsequent child;
• PLN 22 212 when besides the spouse or children, other family members of the deceased insured or pensioner are entitled to one-time compensation; each of them is entitled to this amount regardless of the compensation due to the spouse or children;
• PLN 57,115 when only family members other than the spouse or children of the deceased insured or pensioner are entitled to one-time compensation, and PLN 22,212 for the increase of this compensation for the second and each subsequent beneficiary.

The issue of occupational diseases is an important aspect of occupational health that requires special attention and care from both workers and employers. Protection from exposure to harmful agents in the workplace, regular check-ups and awareness of potential risks are key to minimising the risk of occupational diseases.

Check also: Control on sick leave

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