Title: | Prawne pojęcie rolniczej choroby zawodowej |
Authors: | Szewczyk, Helena |
Keywords: | agricultural law; occupational disease; occupational disease in agriculture |
Issue Date: | 2010 |
Citation: | Przegląd Prawa Rolnego, 2010, nr 2, s. 211-226 |
Abstract: | In view of art. 12 of the Act of 20 December 1990 on social insurance for farmers, an
occupational disease in agriculture is considered to be such a disease, which originated in
relation with work on the farm, if the disease is included in the list of occupational diseases
in the regulations issued based on the labour code. The concept of occupational disease in
agriculture was thus constructed according to the restrictive list method, additionally supported
by the determination of causes justifying the assumption of the occupational character
of the disease, which significantly reduces the scope of protection granted to farmers
suffering as a result of an agricultural occupational disease.
The Author proposes to abandon the approach based on the closed list of occupational
diseases. The basis for compensation should be extended to include the list of occupational
diseases using the assumed causal effect between the occurrence of an occupational hazard
and the incidence of the occupational disease. This would make it possible to include in
the scope of the concept of occupational diseases in agriculture a considerable number of
agriculture-related diseases, which at present do not have the status of occupational diseases. |
URI: | http://hdl.handle.net/20.500.12128/15521 |
ISSN: | 1897-7626 |
Appears in Collections: | Artykuły (WPiA)
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