Occupational Disease Claims relate to an employee's right to receive compensation for health damage caused by prolonged exposure to harmful factors in the workplace. Unlike a workplace injury, which results from a single accident, an occupational disease develops over time. In Georgia, where heavy industry, mining, and chemical production are active, employees often face risks such as inhaling toxic substances, vibration, radiation, or noise. Unfortunately, employers frequently neglect safety regulations or try to attribute the disease to the employee's lifestyle (e.g., smoking) to avoid liability. Recognizing an occupational disease and obtaining compensation is a complex legal and medical process requiring the establishment of a causal link between working conditions and the illness.
What does this service cover?
Managing occupational disease claims is a comprehensive service that includes:
- Medical and Employment History Analysis: Lawyers detailly study the employee's work tenure, position, work environment characteristics, and medical diagnosis to link them together.
- Medical Expertise Appointment: Conducting specialized expertise to confirm that the disease was caused by professional activity (e.g., lung disease from working in a dusty environment).
- Involving Labor Inspection: Appealing to the State Labor Inspection to inspect the workplace and record violations of safety norms.
- Compensation Calculation: Determining the amount for treatment costs, lost income (due to reduced working capacity), and moral damages.
- Negotiation and Litigation: Attempting to settle with the employer and, if unsuccessful, filing a lawsuit demanding full compensation.
Common Real-World Scenarios
Occupational diseases often manifest in the following sectors:
- Mining Industry: Miners who develop chronic lung diseases (pneumoconiosis) due to constant dust inhalation.
- Construction and Manufacturing: Workers handling asbestos, paints, or varnishes often suffer from skin diseases or asthma.
- Noisy Environments: Employees in factories or airports developing hearing loss due to a lack of protective equipment.
- Office Workers: Prolonged sedentary work and violation of ergonomic norms leading to spinal diseases and vision deterioration.
Georgian Legal Framework
Occupational diseases are regulated by the Organic Law of Georgia "Labor Code" and the Law on Labor Safety. Crucial is the Government Decree on the "Approval of the List of Occupational Diseases," which defines which conditions qualify. Employers are obligated to ensure a safe environment and insure employees. If the disease is caused by the employer's fault (violation of safety norms), under the Civil Code of Georgia, they are liable for damages, which may include monthly maintenance payments to the victim.
Process: How does a specialist work?
The process begins with evidence collection. The lawyer requests medical history (Form 100) and documentation regarding working conditions from the employer. The expert conclusion establishing the link between work and disease is decisive. The lawyer drafts a lawsuit claiming both lump-sum compensation and periodic payments due to deteriorating health. During the court process, the lawyer defends the employee's interests against the employer's legal team.
Why Legal.ge?
Proving an occupational disease is difficult as symptoms often appear years later. On Legal.ge, you will find labor law and personal injury experts with experience in medical disputes. They will help you prove employer liability and obtain the financial support you deserve in exchange for your health. Do not leave your rights unprotected.
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