How are occupational diseases compensated?

Similarly to occupational injuries.

The employer is obliged to compensate the employee for damage or non-material damage caused by an occupational disease if the employee worked for the employer in conditions which led to the occupational disease. An occupational disease also includes a disease that developed no more than three years before its inclusion in the List of occupational diseases.

Where an employee is recognized as having an occupational disease, they are entitled to the following compensation:

• compensation for loss of earnings during the period of temporary incapacity for work: the difference between the average earnings before the occupational disease arose and the full amount of sick pay.

Section 271a of Act No. 262/2006 Coll., the Labor Code

• compensation for loss of earnings after the end of temporary incapacity for work or upon recognition of disability: compensates for the difference between the average earnings before the occupational disease occurred and the actual earnings after its recognition (factoring in any disability pension received for the same condition).

Section 271b of Act No. 262/2006 Coll., the Labor Code

• compensation for pain and difficulty in social integration: point-based assessment is carried out once the employee's health condition is stabilized; difficulty in social integration is typically assessed one year after the damage to health caused by the occupational disease occurred, when it is evident that the damage to health is permanent.

Section 271c of Act No. 262/2006 Coll., the Labor Code

• compensation for purposefully incurred medical costs: e.g., medications related to the occupational disease that are not covered by public health insurance.

Section 271d of Act No. 262/2006 Coll., the Labor Code

• compensation for damages to property.

Similarly to occupational injuries, an employee who, according to a medical opinion, can no longer perform work due to an occupational disease or the threat of one, is entitled to severance pay amounting to at least 12 times the average monthly earnings.

Section 52 (1) (d) of Act No. 262/2006 Coll., the Labor Code