Радноправна и социјалноправна заштита запослених од повреда на раду и професионалних болести

Petrović, Mila (2020) Радноправна и социјалноправна заштита запослених од повреда на раду и професионалних болести. Doctoral thesis, Univerzitet Union u Beogradu.

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Abstract

Protection of employees health is just one of the challenges that employers, employees, social partners and the state are facing. Reliable qualification of work injuries and occupational diseases in fact presents a special challenge and, as such, it carries some extensive consequences, such as the possibility of application of preferential treatment within social insurance, which shall not exist when it comes to other injuries and diseases that are not work related. This problem exists, firstly, in the cases of injuries and diseases which can be a product of work itself, but also of other factors - having in mind the purpose of work injuries and occupational diseases as institutes, as well as the problem of determination of causal link between these injuries and diseases and work as such. After having conducted thorough analysis of this matter, whilst pointing out the necessity of establishment of the possibility to prove the occupational origin of a disease in question which is not on the list of occupational diseases, in cases when it is possible to determine a direct and dominant link between work related factors and the disease itself (as conditio sine qua non), the author draws attention to the existence of an efficient reporting system as a precondition to an adequate prevention policy, as well as the inappropriateness of the domestic decision to hold the employer directly responsible for payment of cash benefits in the case of temporary incapacity for work, if the incapacity itself is a result of a work injury or an occupational disease. In that context the matter of the employers’ liability for the damage caused by work injuries and occupational diseases will be questioned in this paper, which is an action that will also take place when it comes to the employers’ obligation to insure his employees against work injuries, occupational diseases and work related diseases with the purpose of ensuring the compensation of the damage caused by them (within the sense of the article 53 of the Law on Health and Safety at Work – which could also serve as a legal basis for the establishment of a new insurance scheme designed particularly for the purpose of these risks).

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