Without exception, all employers are required to provide their employees with accident insurance, as well as temporary disability. Also, the legislation of the country obliges employers to insure employees from an occupational disease. This is due to the fact that some types of work lead to chronic diseases. And an employee who has worked for many years will continue to wonder: how to arrange occupational disease?
Occupational disease
Occupational disease is a dysfunction of systems and organs of human life, due to the conditions or nature of work. Many people confuse and include overwork or stress at work. These include the work of actors. Actors live other people's lives and pass experiences through themselves. Because of this, the inhibition of the human psyche occurs. In addition, the consequences of an accident at work cannot be included in the list of occupational diseases. Occupational disease is a disorder of body functions due to constant contact at the workplace with harmful substances or various factors. The list of these diseases also includes complications that have occurred due to chronic abnormalities in the human body (if there have already been abnormalities). Occurrence of an occupational disease depends on the organization of the workplace of employees. The problem of providing a quality workplace does not apply only to the medical issue. As well as in order to prevent the occurrence of injuries, the employer must create conditions for employees. This is necessary for the prevention of disease. All responsibility for working conditions rests with employers. And it doesn’t matter, a state institution or a private enterprise.
Diagnostics
How to arrange occupational disease, where to start? In order to deal with the design of the disease, it is necessary to undergo a diagnosis. Occupational diseases involved in occupational pathology. This science carries out research on the appearance of diseases due to harmfulness in the workplace. Professional pathology issues include:
- diagnosis;
- the most optimal treatment option;
- preventive measures after treatment.
Depending on the type of disease, a sick person is sent to a specific specialist. The doctor makes a diagnosis using an anamnesis. Further, the medical record of the sick worker indicates the treatment method and features in the organization of the workplace. To date, a classification has been established of the reasons due to which workers suffer from occupational diseases.
- Biological factor.
- Periodic change in atmospheric pressure.
- Constant fatigue of a person due to duties at work.
- Work with certain chemicals.
- The presence of dust at the employee’s workplace (for example, coal, silicon dust, etc.).
- The appearance of various kinds of substances due to the processing of objects or materials at work.
- Weather conditions that negatively affect human health.
- Increased amount of humidity in the air per cubic meter.
- Constant loud noise.
- Negative state of the environment at the place of work.
Privileges
Payments from public and private companies are subject to certain conditions. How to arrange occupational disease? A person receives a payment if he has been diagnosed with temporary disability due to the occurrence of an occupational disease. The employer company is required to pay for the period of time during which the employee was treated. Also, the amount received should be equal to the full wage. But in accordance with the law, the maximum amount cannot exceed four sizes of social security contributions.
Senior citizen and design features
How to apply for a retirement occupational disease? Often, when applying to citizens, employees of medical organizations may refuse to be examined due to the fact that the sick person is a pensioner and has not been working for a long time. This refusal is not justified, since there is no statute of limitations for occupational diseases. Thus, in accordance with the legislation of the country, a person can submit a request in order to undergo a diagnosis and identify the presence of the disease. If a person is faced with a similar situation, he can remind employees that they are breaking the law with their response.
How to formalize occupational disease for a pensioner if he received a refusal to pay? If, according to the results of the collected documents, the former employee was refused, then he will be able to file a complaint with the court. It is worth remembering that the appeal period is three months. Therefore, it is necessary to quickly collect all available documents and certificates, apply to the court with a lawsuit. If the court considers that the refusal is not substantiated, then the person will be able to count on further payment.
Dismissal of an employee
How to arrange occupational disease after dismissal? The legislation of the country established that the presence of an occupational disease should be investigated at the enterprise where the employee was influenced by some harmful factor that caused the negative consequences. The employing company will become responsible for the investigation and payment, even if the person works elsewhere. This is due to the fact that the manifestation of symptoms of the disease can occur after many years.
Hearing impairment
How to arrange a vocational disease by ear? There is an algorithm of actions in order to receive payment due to illness.
It is necessary to consult a general practitioner in a clinic. Then he will direct the sick person to undergo examination by various specialists. He may also request certain types of tests. Based on the diagnosis, specialists will make a diagnosis. After confirming the diagnosis, the sick person needs to visit Rospotrebnadzor, and employees will study the place of work, draw up an appropriate act. It is necessary to take an extract drawn up by the labor safety inspector. Further, the employee needs to request from his employer an act of the commission on the implementation of the work of this employee. After receiving all the acts, extracts and conclusions, you must contact the Professional Medical Pathological Center. Also, specialists of this medical center may request to do additional tests and again go through an examination with any doctors. Based on their conclusion, a decision will be made about the possibility of paying benefits related to diseases.
How to arrange occupational disease by ear, if already a pensioner? If the employee is a pensioner, then the algorithm of actions does not change. But the difficulty in registering an occupational disease is to prove the existence of the disease due to work. For any employer, such actions are an additional cost. Therefore, they will in every way interfere with the design. If a pensioner was able to prove the presence of the disease due to work in a certain place, then he will be able to receive payments.
Regression
How to register a regression of occupational disease? In order to draw up a regression, it is necessary to prove that there was a complete or partial disability due to the fact that a person began to develop the disease as a result of work. Thus, recourse is a reimbursement from the employer, expressed in cash. The size of the recourse payment will be calculated based on the percentage of disability and the average person's salary.
How to register a regression of occupational disease in Russia? In order to get a regression, you must send documents to the Center for Pathology. This center should establish the presence of the relationship of disease and human work. Further, the Center gives a person a referral for a medical and social expert commission. This commission carries out its activities through the social security management system. A sick person must submit a number of documents to the commission.
- A certified copy of the work book.
- An act from the employer that confirms that an investigation has been carried out.
- Also, the employee must provide a sanitary-hygienic characteristic of all existing jobs.
- A copy of the medical outpatient card of a sick person, as well as various documents containing information about diseases, medical examinations.
- Direction issued by the Center.
- Passport.
After receiving all the necessary documentation, the commission determines the percentage of disability. Moreover, the percentage of loss can vary from 10 to 100%. If the commission makes a positive decision regarding the sick employee, then it is obliged to send a certified act to the Social Insurance Fund and the employer company. Moreover, the act must be certified by all experts who participated in the decision.
To determine the appropriate payment, they calculate the average earnings of a person, and also take into account the use of various benefits, including subsidies for maternity. During the calculation also use information on sick leave of the employee. If various types of bonuses, allowances and district coefficients were used in the employee’s salary, then they are counted.
Regression for mine workers
How to register a regression for occupational disease miner? Typically, a commission for recourse is contacted by workers of heavy types of work. The miner profession also belongs to such works. Registration of a regression for a miner occurs according to the above algorithm of actions. As with regression in another profession, there is a difficulty in proving the presence of the disease. In order to ultimately achieve payment, you need to know that actions take a long time. Since it is necessary to collect many acts, references and directions. And in order to get them, you need to contact several organizations.
How to register a regression of occupational disease if the bosses at work do not issue an act? The authorities understand that if the employee receives a positive response to the recourse, then the company will have to pay additional cash. Therefore, some companies refuse to issue this or that document, saying that the disease does not belong to a professional look. In this case, the employee can safely seek help from the courts. Indeed, without an act from the place of work, he will not even be able to send documents for investigation.
Pension
How to get a pension for occupational disease? In order for an employee to apply for a pension due to illness, you need to go through a commission. The response from the commission will be drawn up on the basis of the documents received.
- Worker medical card.
- Passport.
- Data from a survey conducted by specialists.
- Direction from the Center.
- An act signed by the labor inspector on the state of the employee’s workplace.
- Conclusion from the enterprise.
If, based on the documents, the commission gives a positive answer, then the employee is issued an opinion. Based on this document, a person will subsequently be able to receive disability and further assistance from the state.
Diseases of the musculoskeletal system
Joint disease usually occurs in middle-aged people. The affected area of the body depends on the type of work. For example, if the disease has settled on the hands, then a person constantly keeps his hands in tension or his work requires quick action. If pain occurs in large joints, then the worker is engaged in hard work.
How to arrange a joint occupational disease? The process for receiving payment is similar to the previous description. That is, a person must undergo a diagnosis, take a referral from the Center and receive a positive response from the commission. But the difficulty in confirming the presence of an occupational disease lies in the fact that diseases of the musculoskeletal system may not only be due to the work performed. Sometimes the disease manifests itself as a result of infection. Therefore, in order to get a positive answer, it is necessary that the staff from the Center indicate that the disease is occupational. In this case, the employee will be able to receive sick pay.
Registration of the disease in Nefteyugansk
Where to get occupational disease in Nefteyugansk? In order to formalize a disease related to work, you must contact the Center for Professional Pathology. But in Nefteyugansk this Center is missing. You can send documents to the center of a nearby city. In order to be able to apply to another city - not at the place of registration, you must first prepare all the documents. Also in his city hospital, the therapist can tell you which Center is best to go to. In cities such as Surgut and Khanty-Mansiysk, there are Pathology Centers that have proven their worth over the years.
Conclusion
How to arrange occupational disease? In order to formalize an occupational disease, it is necessary to submit a lot of documents and certificates to the Pathology Center and the commission. You need to be prepared for the fact that the design process can drag on for a long time. Often this process turns into paperwork. Moreover, during the submission of documentation to the Center, analyzes should be done no earlier than two weeks. Sometimes a person does not fit in time in order to quickly collect certificates, and he has to take tests several times. Also, often the employees of the Center for Pathology can refer a sick person to their specialists to get the most complete picture of the disease.
How to arrange occupational disease, if not all authorities have provided information? Often, employers do not want to issue an act from the place of work. If the authorities refuse to issue certificates, the employee has every right to apply to the court for help.
What to do to the dismissed person who has signs of an occupational disease? Anyone has the right to contact a therapist for further referral to specialists to investigate the disease. If the doctor refuses to be examined and investigated, then he breaks the law. Since there is no statute of limitations for an occupational disease. Therefore, a sick person must notify the doctor that by his refusal he violates the law. In extreme cases, the patient must file a lawsuit with the court. Also, the investigation from the previous work should be engaged in the investigation of the disease. But any employer does not want to pay for the illness of a dismissed employee. Therefore, many processes of registration of diseases is delayed.