Who makes the decision to recognise an occupational disease?
The right to issue a medical certificate for the diagnosis of an occupational disease shall be given by the doctor competent to give judgment on the diagnosis of the occupational disease.
After notification of a suspected occupational disease, a medical certificate may be issued with:
- diagnosis of an occupational disease,
- no basis for the diagnosis of an occupational disease.
The decision shall be given by the doctor on the basis of:
- the results of the medical examinations carried out,
- the results of the supporting medical examinations carried out,
- the employee’s medical records,
- employment records,
- occupational exposure assessment.
Not always does the doctor adjudicating on the diagnosis of an occupational disease have sufficient information to give a ruling. Accordingly, it has the right to request that the information be supplemented by:
- information on the course and organisation of the worker’s professional work, including information on overtime, occupational exposure, the use of personal protective equipment by the worker, the transmission of a sample of the substance, in the amount necessary for carrying out diagnostic tests.
- a doctor providing preventive health care to the employee – the extent to which the employee’s medical records are made available together with the results of the preventive examinations carried out,
your health insurance doctor or other doctor treating you,
- the competent state health inspector – in terms of occupational exposure assessment,
- employee – to complete the professional history.
A medical certificate of diagnosis of an occupational disease or of no grounds for diagnosis of an occupational disease shall be sent to the competent state health inspector, the worker concerned, the person reporting the suspected occupational disease.
If the employee does not agree with the content of the medical certificate on the diagnosis of an occupational disease or the absence of grounds for diagnosis of an occupational disease, an appeal may be made.