What is an occupational disease?
An occupational disease is a health disorder contracted as a result of exposure, over a given period of time, to risk factors arising from professional activity.
According to national legislation, occupational diseases are those included in the codified list, as well as injuries, functional disorders or diseases not included in the list, provided they are proven to be a necessary and direct consequence of the activity carried out and do not represent normal wear and tear on the body.
In Portugal, occupational diseases are set out in the List of Occupational Diseases (Regulatory Decree no. 76/2007, of July 17), which includes 5 different chapters:
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Chapter 1: Diseases caused by chemical agents;
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Chapter 2: Diseases of the respiratory system;
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Chapter 3: Skin and other diseases;
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Chapter 4: Diseases caused by physical agents,
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Chapter 5: Infectious and parasitic diseases.
Legal and regulatory references for occupational diseases in Portugal
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Law no. 98/2009, of September 4, and article 3 of Decree-Law no. 503/99, of November 20;
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Article 59 of the Constitution of the Portuguese Republic: assistance and fair compensation for occupational illness is a constitutional right;
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DGS technical information 09/2014;
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Decree-Law no. 352/2007, of October 23, which approved the National Table of Incapacities for Accidents at Work and Occupational Diseases and establishes the classification of incapacity for occupational diseases.
What is the procedure for reporting an occupational disease?
The procedure for certifying an occupational disease is triggered whenever a doctor diagnoses a suspected or worsening occupational disease in a patient/worker and sends the Mandatory Reporting form (GDP 13 – DGSS) to the Occupational Risk Protection Department of the Social Security Institute, I.P. (DPRP/ISS).
Any doctor (e.g. an occupational doctor, family doctor or other doctor) can start this circuit by making the Compulsory Participation, although the occupational doctor, who is responsible for monitoring workers’ health, is usually the one who gathers the most information about the work-health-disease relationship to start this process.
The procedure involves issuing a compulsory report with the submission of specific forms (the doctor must fill in GDP 12 and GDP 13 must be filled in by the worker and the company) to the social security office, accompanied by complementary tests that document the complaints and/or injuries.
All documentation must be delivered by the worker to the social security office in their area of residence.
The documents should preferably be submitted in person, although they can also be sent online.
The occupational doctor notifies the employer and must keep evidence of the whole process.
The process is finalized with the acceptance or rejection of the occupational disease at the DPRP – Department for the Prevention of Occupational Risks – with a medical board that will analyze the entire process and submit the worker to a face-to-face clinical evaluation.
Once the occupational disease has been diagnosed, there are several possible outcomes for classifying the worker’s incapacity:
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Temporary partial incapacity for work;
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Absolute temporary incapacity for work;
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Partial permanent incapacity for work;
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Absolute permanent incapacity for normal work;
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Absolute permanent incapacity for any and all work.
Frequently Asked Questions
Does the company incur any direct costs as a result of an occupational disease?
The company has no direct costs.
Sick leave, if granted, is paid for by social security.
Costs associated with treatment or surgery are borne by the National Health System.
Does the notification of an occupational disease involve an inspection of the company?
Once the occupational disease has been recognized, it is reported to the competent authorities (DGS, health center groupings and ACT).
This does not directly imply an inspection, but it can be carried out if the authorities deem it necessary.
Who goes on sick leave?
Sick leave is always issued by the family doctor.
When an occupational illness is reported, there is a specific condition for classifying the leave as occupational sick leave.
What are the practical repercussions in the workplace?
The recognition of an occupational disease implies a reassessment of the job with or without a period of absence (average sick leave); the worker must have a medical reassessment by the occupational health team.
