PALESTINIAN LABOUR LAW. Ahmed T. Ghandour.

NINTH CHAPTER WORK INJURIES AND OCCUPATIONAL DISEASES.

THE DEFINITION OF WORK INJURY ACCORDING TO ARTICLE 1.  The accident which occurs to the worker during or due to the work he/she performs or while on his/her way to or from the work place. Being infected with one of the occupational diseases defined in the related regulation shall be considered also as a work injury.

OCCUPATIONAL DISEASES.

WHAT IS AN OCCUPATIONAL DISEASE?  An occupational disease is a disease or disorder that is caused by the work or working conditions.  This means that the disease must have developed due to exposures in the workplace and that the correlation between the exposures and the disease is well known in medical research. Or it must not be likely, beyond reasonable doubt, that the disease was caused by factors other than work.

EXAMPLES OF OCCUPATIONAL DISEASES:  Tennis elbow  Allergy  Hearing loss  Asthma

EXPOSURES IN THE WORKPLACE THAT MAY CAUSE SOME OF THE PREVIOUS DISEASES:  Boring work movements.  Work with arms lifted above shoulder height.  Heavy lifting work.  Work in a very noisy environment.  Work with hazardous substances.  When there is adequate medical documentation that a disease is caused by a certain exposure, the disease is included on the list of occupational diseases.

WHAT IS THE LIST OF OCCUPATIONAL DISEASES.  The list of occupational diseases:  Is a list of work-related diseases which are recognised as industrial injuries if a person has had certain exposures in the workplace.  The list is constantly updated so that it covers the most recent research.

RECOGNITION OF AN OCCUPATIONAL DISEASE  In order for you to get compensation and other benefits as a consequence of a disease, the disease must be recognised as an industrial injury.  A disease can be recognised in two different ways:  If the disease and the exposure causing the disease are on the list of occupational diseases, so the disease is an occupational disease  If the disease is not on the list of occupational diseases, it is still possible to recognise it as an occupational disease if the Medical Committee, in their recommendation, state that it is likely, beyond reasonable doubt, that the disease was caused by special factors in the workplace.

WHEN WE CONSIDER AN INJURY AS A WORK INJURY?  if it took place in one of the following cases:  1. injury, which occurs to the worker during the performance of his work.  2. injury, which occurs to the worker on the occasion of work or because of it.  3. injury, occurs to the worker on his way to work or while he is returning from it.  4. injuring by one of the occupational diseases.

 Article (116)  The employer must insure all his/her workers against work injuries at licensed insurance providers in Palestine.