Sentence
Labor and Employment Law
Is corona considered an occupational disease?
That's what the law says
Corona virus infection is a one-time event, but the virus itself is not an accident, but a disease.
If so, is it an occupational disease or a work accident?
And what are the rights of a person infected at work?
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Corona
Adv. Sami Abu Varda in collaboration with Zap Legal, in collaboration with the Zap Legal website
Monday, 13 July 2020, 10:05
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Recognition of Corona as a possible work accident (Photo: Reuven Castro)
By definition, an occupational disease is a medical condition created following damage that has accumulated over the years due to the work environment and character.
Thus, although corona is a disease, and even if a person is infected with it in the workplace or due to its nature, it will not be recognized as an occupational disease.
Recognition of Corona as a work accident, however, is quite possible, since the infection itself meets the conditions of an accidental event.
Hence, notwithstanding the Corona being an illness and not an accident, a person infected at the scene, or because of, his job, may file a claim with the Social Security for recognition as a casualty of a work accident.
Accident at work - the economic significance
Recognizing a patient as a work accident victim has important economic significance, especially these days.
Beyond the compensation granted by the Social Security, the employee's absence will not be considered an illness and all the rights to which he is entitled from his place of work will be preserved.
Recognition of the disease as a work accident may have additional significance, if it turns out that this disease may leave those infected with a disability.
So far, as far as we know, dealing with coronary heart disease amounts to complete recovery or, unfortunately, death.
At present we do not know if it will become clear in the future that some patients who have recovered are left with medical problems, in the respiratory tract for example.
Such cases will entitle the injured party to compensation according to the extent of the remaining disability.
Proof of infection at work
Corona infection will be recognized as a work accident if the infected person can prove that he or she was exposed to the virus at work or due to its nature.
Doctors, nurses, food chain salesmen, police officers and any other vital employee who is obligated to get to work, all of these may meet the definition.
Beyond that, many hundreds of people became infected in their workplace before restrictions were imposed on the economy that allowed only essential workers to go out to work.
In these cases, more strenuous proof work will be required with the Social Security, but the introduction of the use of positioning devices on patients' mobile devices may make it easier to detect exposure and detect infection at work.
Exercising rights in an emergency
The National Insurance Institute is defined as an essential body and operates as usual, but without receiving an audience.
Attorneys specializing in tort and Social Security claims work as usual with the institution and submit all required forms online or by fax.
Even with the insurance companies, the actions to exercise the rights of the insured continue as usual, including compensation payments by bank transfer to those entitled.
Entitlement to compensation from the insurance company for absence due to corona disease will be granted to employees with a disability policy only if the period of absence exceeds three months, unless otherwise specified.
It is advisable to check the terms of the policy as well as the pension insurance definitions, which may also include disability insurance.
In addition, it is important to know that if the employer has not taken care of appropriate protection, or violated the procedures regarding overcrowding in the workplace, it is possible to file a tort claim against him.
For the time being it is not possible to physically meet with a lawyer, but it is certainly possible to get comprehensive professional advice in the many existing media.
It is advisable to contact a lawyer who specializes in torts and Social Security claims, and make sure that the firm has taken care of all the technological preparations required in order to provide its clients with a full service and act to exercise their rights as usual.
Lawyer Sami Abu Warda specializes in personal injury and property, work accidents, claims for social security and medical malpractice.
Telephone: 077-9971228
Article courtesy of Zap legal
information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for proceedings or avoiding proceedings. Each relies For the information appearing in the article does so at his own risk
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