Who is responsible for work-related injuries resulting from occupational diseases?
Thread Content
If no occupational disease examination was conducted upon leaving the job, nor was one carried out when starting work, and one has been engaged in work involving exposure to occupational disease hazards throughout, who is responsible if an occupational disease is diagnosed? Is there any impact on working hours at the previous and current companies? Is there any relevant legal basis? Or relevant cases and judgment documents will also work
In my personal opinion, employees can undergo assessments for occupational diseases, and if there is evidence showing a connection to their work, the employer should take responsibility. The employer’s failure to arrange occupational disease screenings constitutes a violation of relevant regulations. It is still advisable to seek guidance from experts in occupational health.
1. The employer shall submit an application for work-related injury recognition to the labor security administrative department of the district or county where the employer is registered, within 30 days from the date on which the employee suffers an accident or is diagnosed or identified as having an occupational disease. 2. If the employer fails to submit an application within the specified time, the employee or his/her immediate relatives, or the trade union organization may submit an application for work-related injury recognition to the labor security administrative department of the district or county where the employer is registered, within 1 year from the date of the accident or injury, or from the date when the illness is diagnosed or identified as an occupational disease. 2. In the process of determining work-related injuries, it is stipulated that those who were engaged in work involving exposure to occupational disease hazards before retirement, as well as those who were diagnosed with an occupational disease after leaving their jobs or original employers, can have their work-related injuries recognized. 3. It is recommended to consult experts in this field