August 5, 2015
There is a number examples where the conditions at work may result in employee suffering from an injury or disease. These diseases, caused by the mere work performed by an employee are known as occupational or industrial diseases, and are subject to claims intended to obtain damage compensation for the worker.
In general, occupational disease is caused directly from the practice or performance of a task or a job that could lead to worker experiencing a certain level of incapacity or even death.
Nonetheless it is important to point out that not all the diseases derived from work are considered to be occupational diseases. To clarify whether a disease is considered as a direct consequence of work or not and whether the affected employee is subject to compensation or the granting of a certain level of incapacity, it is necessary to assess the circumstances of the case.
Referring to the above, in order for a disease to be qualified as occupational disease it is necessary for it to appear on the “Occupational Diseases List” on the RD 1299/2006, of the 10th of November and approved on the Table of Occupational Diseases of the Social Security System. Furthermore, other existing circumstances should also appear be presented, such as the profession or activity performed by worker in the abovementioned table or the conditions causing the disease to be present at work environment.
At first we are going to see what type of benefit suitable the person suffering from the occupational disease can receive. The worker will be entitled to an economic benefit from the day after he or she has to take a leave from work and until the day he or she comes back. The benefit will amount to 75% of the regulatory basis.
Secondly, there are economic benefits for permanent incapacity, survival or death deriving from work accidents. Those are the following:
Depending on the event and the occasion, benefits from social assistance will be offered.
In conclusion we can see that a number of economic benefits might be obtained to help the injured suffering from an occupational disease or those close to him/her. For that reason, if we take into account the difficulty of the process, it is very important to turn to a professional legal consultant right from the start to receive the maximum compensation possible.