An occupational illness is a direct consequence of a prolonged exposure to a risk factor (physical, chemical or microbial) or to specific working conditions (noise, vibrations, work posture, etc.) within the framework of the normal pursuit of a profession.
The occupational illness must have been caused by a professional activity which is insured in Luxembourg.
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- Déclaration médicale d’une maladie professionnelle
- Déclaration patronale - exposition au risque dans le cadre d’une maladie professionnelle
The following are concerned:
- the employee who suffers from an occupational illness;
- the employer who, upon request from the Accident Insurance Association (Association d'Assurance contre les Accidents - AAA), must provide all information or documents concerning the employee's exposure to risks of occupational illnesses.
The notion of occupational illness
The occupational illness is a disorder from which employees suffer as a result of their professional activity and which would not have occurred had they not been exposed to the risk at work, or which, at least, would not have occurred in the same manner.
An occupational illness is the direct consequence of the exposure to a risk factor (physical, chemical or microbial) or to specific working conditions (noise, vibration, work posture, etc.) within the framework of the normal pursuit of a profession.
If the occupational illness is registered in the table of occupational illnesses, it will be presumed to have an occupational origin, provided the worker can prove that he/she has been exposed to a specific risk within the framework of his/her professional activity and that said risk is likely to be the main cause of the illness.
If the illness is not listed in the table of occupational illnesses, the worker must provide proof of the occupational origin of the illness. He/she must therefore provide proof of the illness and the occupational risk as well as of the causal connection between both. The causal connection between the illness and the profession carried out must be established with near certainty (the simple probability of the causal connection is not enough).
In certain cases, the compensation for illness may be subject to additional conditions, e.g. the employee must cease the professional activity causing the illness.
Medical examination of the employee
An employee who claims to be suffering from an occupational illness must consult his general practitioner.
If the general practitioner has a well founded suspicion that the illness is mainly caused by the occupational activity, the practitioner submits a medical declaration of an occupational illness to the AAA.
If an occupational illness is diagnosed, The Accident Insurance Association (AAA) informs the employer at once.
Within 3 weeks from receipt of the letter, the employer then sends a duly completed employer's declaration concerning the exposure to risk in the framework of the investigation of an occupational-related illness to the AAA.
This declaration must include:
- the work position(s) successively held and the tasks carried out;
- the work movements or postures for each position as well as all the products, machines and tools used;
- the working time spent in each position;
- the protective measures taken against occupational risks and the personal protective equipment provided.
The AAA can request all additional documents from the employer, and may also conduct a study on the different work positions and require the occupational health practitioner's opinion.
Incapacity for work
During an incapacity for work due to an occupational illness, the employer must continue to pay the employee, who benefits from protection against dismissal in the same manner as for any other incapacity for work (sick leave).
Depending on the case, an employee who is the victim of an occupational illness may also request:
- an internal redeployment within the company;
- an external redeployment;
- an accident pension in case of an extended sick leave;
- or an accident pension in case of a permanent disablement.