Przegląd Prawa Rolnego, 2010 Nr 2 (7)

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Prawne pojęcie rolniczej choroby zawodowej
(Wydawnictwo Naukowe UAM, 2010) SZEWCZYK, HELENA
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.