Journal article Open Access

Subjects and Legal Consequences of Professional Pathology

V.O. Savchenko

The article is devoted to the analysis of the subjects and legal consequences of professional pathology. The article deals with the legal consequences of recognition of professional pathology. The rights of subjects of professional pathology have been listed. They are identified as the principal participant in the occupational pathology relationship of an employee who, as a result of his or her professional activity, has suffered a deterioration in health or illness. The main subjects of occupational pathology, the author refers to a sick employee and employer. The author includes the following subjects of occupational pathology: specialized professional pathological treatment-and-prophylactic institution; medical expert commission; state sanitary and epidemiological service; commission to investigate the causes of occupational disease; Occupational Accident and Occupational Disease Insurance Fund; the primary organization of the trade union or an employee authorized by the employees; representatives of other bodies as needed. It is stated that the main duty of the employer in the field of pathology is to ensure that the harmful effect of the work process on the health of the employee is reduced and the level of probability of his / her occupational disease. The procedure for the establishment and functioning of the commission for the investigation of the causes of occupational disease is disclosed. The scientific article states that in addition to the employee, legal consequences also arise for the employer. First of all, they will manifest themselves in the need to eliminate the reasons that led to the pathology. If this is not possible, the employer should make every effort to reduce the likelihood of occupational disease in other workers. If it is proven that an occupational disease has occurred due to a breach of production and labor standards or standards, the employer may be subject to administrative or criminal liability. The legislation of Ukraine stipulates that a person who has received a professional pathology is entitled to compensation for the damage caused. Such compensation is provided by the Occupational Accident.

 

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