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Can a teleworker develop an occupational disease?

Viimati uuendatud: 09.10.2019

An occupational disease is a disease caused by a working environment hazard or the type of work mentioned in the list of occupational diseases.

An occupational disease may also occur in a teleworker if their health has been affected by hazards in the telework environment.

The fact that an occupational disease did not develop on the employer’s premises but on the site of teleworking does not relieve the employer of the obligation to ascertain the causes and circumstances of the occupational illness. If the employer is not allowed to examine the occupational disease at the place of its development (e.g., at home), it may be more difficult for the employee to prove that the occupational disease was caused by the working environment or the nature of the work.

If the employee has an occupational disease, they are entitled to state compensation and, if necessary, to claim compensation from the employer.

When allowing telework, the employer must make every effort to prevent an occupational disease. The employer can assess the risks, instruct the employee, and send the employee to a medical examination. If the employer has fulfilled all their health and safety obligations, they are presumed not to be at fault for the occupational disease. The final assessment of whether or not the employer has fulfilled their obligations is, where appropriate, made by the court.

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