Besides cancers caused by asbestos, lead poisoning or musculoskeletal disorders (MSDs), will Covid 19 be recognized as an occupational disease? The debate is launched, while we do not yet know much about this virus and its consequences. After the Minister of Health Olivier Veran who mentioned it for carers, Christophe Castaner, the Minister of the Interior, wants it to be recognized as an occupational disease for the personnel of the ministry.
The Academy of Medicine also said that it was in favor of this recognition not only benefiting health personnel but also those working for "the essential functioning of the country", in the food, transport and security. Several unions have also asked for it since the start of the crisis for employees and public officials. In the meantime, the unions advise employees who have contracted the virus at work or on the way to get there to declare it an accident at work.
What is an occupational disease?
The National Research and Safety Institute for the Prevention of Accidents at Work and Occupational Diseases (INRS) recalls that an illness is considered "as" occupational "if it is the direct consequence of more or less prolonged exposure to 'a worker at a physical, chemical or biological risk, or results from the conditions in which he exercises his professional activity'. A list of recognized diseases is established in tables annexed to the Social Security code and the rural code.
If the employee enters the criteria (with durations of exposure to risk), he does not need to prove the link between his pathology and his work. If all the criteria are not met, you have to provide proof of the link between your work and the disease and it is therefore much more complicated. Bringing a new occupational disease into these famous tables supposes a decree, taken after discussion within the Council for Orientation of Working Conditions (Coct), where unions and employers also sit.
What are the consequences of recognition as an occupational disease?
Recognition of an occupational disease allows 100% coverage of medical expenses but also allows you to receive compensation in the event of temporary or permanent incapacity. In the event of death, the beneficiaries may also receive an annuity. All of this is financed by the so-called “ATMP” (occupational accident and occupational disease) branch of Social Security, financed by contributions from companies, the rate of which varies according to the loss experience.
Note that it is difficult for the moment, while the knowledge of this virus is fragmentary, to identify the after-effects, in particular for those affected by a severe form of Covid 19 having resulted in several days in intensive care. Respiratory sequelae? Neurological and cognitive consequences? Doctors sketch tracks, groping. It is for this reason that the CFDT is claiming a "follow-up right to the epidemic, making it possible to take into consideration possible sequelae and pathologies linked to Covid 19, not yet known to date".
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- Social Security
- Covid 19
- Coronavirus
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- Sickness