In this legal capsule, Me Lambert informs you about the legislation and jurisprudence dealing with the presumption of occupational diseases.
In order to have a medical condition recognized as an occupational disease, it must first be proven that the disease was contracted or developed during the work performed by the employee. The worker must also satisfy the court that his illness is associated with the type of work performed or the risks associated with it. Expert testimonials are usually necessary in order to build a good case and increase your chances of success.
However, the legislator provides, in the Act respecting industrial accidents and occupational diseases, a presumption of occupational disease in order to increase the chances of success for the worker making a claim.
Thus, a list of various diseases and conditions characteristic of several types of work is annexed at the end of this law. A worker suffering from a disease listed in the Annex need only prove the diagnosis and demonstrate that he was performing the type of work with which the disease is associated in order to trigger the presumption of occupational disease.
This list is divided into five categories.
Diseases caused by toxic substances
This category deals with several types of poisoning caused by exposure to metals, halogen or organic and inorganic matter of a toxic nature to humans.
Thus, a day labourer responsible for stripping paint containing lead on old windows can claim the presumption of occupational disease if the latter develops lead poisoning.
Diseases caused by infectious agents
In this category are several diseases and infections such as tuberculosis, parasite contraction and viral hepatitis. In general, they are associated with trades requiring contact with animals, animal products or humans.
For example, in one case, a nurse in a position in the hematology department in a hospital was often called upon to handle infected blood substances. A few years after retiring, she was diagnosed with hepatitis C. Medical evidence shows that she contracted this disease while still working in the hospital. The court therefore decided to apply the presumption of occupational disease and accepted the worker’s claim.
Skin diseases caused by non-infectious agents
This category includes several skin diseases such as dermatitis and dermatoses that are usually caused by the contact of irritants such as solvents or acids. Also recognized are skin diseases caused by contact with an abrasive surface creating friction and pressure on the skin as well as with allergenic products such as chromium.
Diseases caused by physical agents
This category includes illnesses caused by the physical strains that workers experience, either because of the tasks they have to perform or because of the work environment in which they operate. For example, hearing impairment, such as deafness, caused by exposure to excessive noise will be recognized as occupational diseases.
Thus, diseases caused by exposure to excessive temperature, vibration or compressed air will be considered occupational diseases.
This section also deals with diseases acquired through exposure to radiation that can lead to the development of cataracts or even cancer.
Finally, there are also musculoskeletal diseases caused by work involving repetitive movements. Among these recognized diseases are bursitis and tendonitis. To learn more, we recommend that you read our article on this topic.
Lung diseases caused by organic and inorganic dust
This category deals with lung diseases such as asthma or lung cancer that can be caused by substances harmful to humans such as asbestos. Note that the duration of intensity and exposure is not a determining factor for your declaration. The mere presence of toxic substances is sufficient for the presumption to apply.
That said, it is always important to properly document your file; medical evidence, testimonials and photographs are strongly suggested to increase the chances of success regarding your claim.
If you have more questions or a decision to challenge, do not hesitate to contact our firm for more information.