Besides cancers caused by asbestos, lead poisoning or musculoskeletal disorders (MSDs), will Covid-19 be recognized as an occupational disease? The debate is launched, while we do not yet know much about this virus and its consequences.
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After the Minister of Health, Olivier Veran, who mentioned it for caregivers, Christophe Castaner, the Minister of the Interior, wants it to be recognized as an occupational disease for ministry staff. The Academy of Medicine is in favor of this recognition not only benefiting health personnel but also those working for " the essential functioning of the country ", in the food, transport and Security.
Several unions have also asked for it since the start of the crisis for employees and public officials. The CFDT recommends that " all situations of face-to-face work may, in the event of health damage due to the Covid-19, be subject to automatic accountability on a professional basis ". She advocates for the creation of a dedicated “ fund ” to care for those affected.
In the meantime, the unions advise employees who have contracted the virus at work or on the way to get there to declare it an accident at work.
What is an occupational disease?
The National Research and Safety Institute for the Prevention of Accidents at Work and Occupational Diseases (INRS) recalls that an illness is considered "as occupational if it is the direct consequence of the more or less prolonged exposure of a worker at a physical, chemical or biological risk, or results from the conditions in which he pursues his professional activity ” .
The concept dates back to a law of 1919 recognizing lead poisoning, and recently the debate on the recognition of burn out as an occupational disease had been relaunched, without success.
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A list of recognized diseases is established in tables annexed to the social security code and the rural code. If the employee enters the criteria (with durations of exposure to risk), he does not need to prove the link between his pathology and his work. If all the criteria are not met, you have to provide proof of the link between your work and the disease and it is therefore much more complicated.
Coverage of medical expenses
Bringing a new occupational disease into these famous tables requires a decree, taken after discussion in the Council for Orientation of Working Conditions (Coct), where unions and employers also sit. "It can go very quickly if the government wants to go quickly, but it can also get bogged down," explains Jérome Vivenza (CGT), member of Coct. Some unions want to put this issue on the Coct's agenda quickly, he told AFP. A meeting will be held on April 24.
Recognition of an occupational disease allows 100% coverage of medical expenses but also allows you to receive compensation in the event of temporary or permanent incapacity. In the event of death, the beneficiaries may also receive an annuity.
All of this is financed by the so-called ATMP (occupational accident and occupational disease) branch of Social Security, financed by contributions from companies, the rate of which varies according to the loss experience.
It is difficult for the moment, while the knowledge of this virus is fragmentary, to identify the after-effects, in particular for those affected by a severe form of Covid-19 having resulted in several days in intensive care. Respiratory sequelae? Neurological and cognitive consequences? Doctors sketch tracks, groping.
