Non-occupational but work-related diseases – Legislation, judicature and potential implications to employers and employees in Poland

摘要

Background: Non-occupational work-related diseases refer to health problems of multifactorial etiology, the occurrence, developmentand prognosis of which may be affected by work environment or by the way the work is performed but are not treatedas occupational diseases under the applicable law. When analyzing their impact on labor market, it is necessary to also considerthe employees’ right to put in a claim for compensation due to the consequences of the occurrence of such diseases. Material and Methods: Legal regulations as well as judicial decisions on the possibilities and methods of pursuing claims for compensationfrom an employer due to the occurrence of non-occupational work-related disease were analyzed. Results: The analyzed legalregulations and judicial decisions referred to the regulations of the Labour Code, Civil Code and Resolution of the Supreme Courtof 4 December 1987. The paper presents examples of non-occupational diseases considered to be work-related and conditionsnecessary to assert a claim by the employee at the court. Conclusions: Despite the lack of precise legal regulations in Poland,non-occupational work-related diseases may impact the legal situation of employees as well as employers. Employees are grantedthe right to claim for compensation from their employers in accordance with the Civil Code. Depending on the employer’s legalresponsibility, it is necessary to prove the meeting of the appropriate essential conditions to put in a claim for damage. Raisingthe employers’ awareness of the legal and financial consequences shall support the occupational medicine services in intensifyingtheir activity aimed at preventing all work-related diseases. Med Pr 2018;69(5):539–546