Work environment factors are decisive for occupational disease recognition; post-employment diagnosis does not affect benefit rights.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of the claim for occupational disease compensation. The applicant argued that harmful work factors occurring during her employment were decisive for the disease's recognition, despite the diagnosis being made after her employment ended. The court found that the date of diagnosis alone does not preclude an occupational disease if the harmful factors existed during her employment period.
Legislator headnote
AI generated§ 1 ust. 1 rozporządzenia Rady Ministrów z dnia 18 listopada 1983 r. w sprawie chorób zawodowych; The recognition of an occupational disease depends on the decisive action of harmful factors in the work environment, and a diagnosis made after the end of employment does not affect the right to social benefits.