Understanding the process
The acute and chronic conditions mentioned in the tables annexed to Act No. 444 of 16 May 1946 extending the legislation on accidents at work to cover work-related illness , are considered occupational diseases when they are the consequence of exposure to a risk that exists during the usual undertaking of an occupation.
Occupational diseases give entitlement to an indemnity payable by the employer.
This risk is managed by accredited private insurance companies, with whom employers are required to take out insurance. This is a legal obligation.
An occupational disease must be declared by the employee within three months of ceasing work or the issuing of a certificate mentioning a link between the disease and his or her occupational activity. A certificate indicating the nature of the disease and its probable consequences must be drawn up in duplicate by a doctor, mentioning occupational disease.
The employer must inform their insurance company as soon as possible.
The insurer will send the employer the report form as well as a list of documents to be submitted. This list may differ from one insurer to another.
In the "ACCIDENT" section, the following fields must be completed:
Date: Date of declaration of the occupational disease.
Nature and location of injuries: These two sections must be completed in accordance with the doctor’s certificate.
Circumstances: Occupational disease.
Likely outcome: Delete as appropriate. If there is a work interruption: the original absence from work must be indicated without including any extensions.
All copies of the form must be signed and stamped with the company’s seal.
The occupational disease report accompanied by the doctor’s certificate (noting the treatment provided and any absence from work required) must be sent or handed in to the Police Department.
Each of the five copies of the report is stamped by the Police Department.
Within 8–15 days, the Police Department sends:
- One copy to the Courthouse
- Two to the Department of Employment
- Two to the employer (if the report is submitted in person, the copies will be returned immediately)
The green copy of the report must be sent to the employer’s insurer, together with the documents required by the insurer.
A certificate provided by the insurer and completed by the employer must be given to the employee so that his or her medical expenses can be covered.