Compensation for Occupational Diseases in 2026: What Are You Entitled To?

Quick Overview

• An occupational disease must be included in the list of occupational diseases and must be recognized by an authorized occupational health care provider.
• Once recognized, you may be entitled, in particular, to compensation for lost earnings, pain and suffering, compensation for reduced social functioning, and reasonable medical expenses.
• In the event of a long-term loss of earnings, you may be entitled to regular compensation, commonly referred to as a pension.
• If employment is terminated under statutory conditions due to an occupational disease or the risk of one, the employee is entitled to a one-time payment equal to twelve times their average monthly earnings.
• If you disagree with the medical assessment, you may request a review.

How to Have an Occupational Disease Recognized, Step by Step

If you suspect that your health problems are work-related, contact your primary care physician or occupational health provider first. However, no doctor can definitively recognize an occupational disease on their own. Such diseases are assessed and recognized by specialized occupational medicine facilities authorized by the Ministry of Health.

The assessment examines not only your health condition but also whether you actually worked under conditions in which the occupational disease in question arises according to legal regulations. Therefore , keep your medical reports and , if possible, information about your job position, the duration of your employment, and exposure to specific risks, such as noise, vibrations, chemicals, or long-term repetitive strain.

The result is a medical opinion on whether or not the occupational disease is recognized. If the disease is recognized and other legal requirements are met, you can then file a claim for compensation for the occupational disease against the liable employer.

From attorneys’ experience: When it comes to compensation for an occupational disease, not only is the diagnosis itself crucial, but so is proving a link between the illness and working conditions. Complications can therefore arise, for example, when a person has had multiple employers or when health problems did not fully manifest until several years after the end of the high-risk work.

What Compensation for an Occupational Disease Are You Entitled To?

Once an occupational disease is recognized, the employee is entitled to several forms of compensation under the Labor Code:

1. Compensation for loss of earnings —both during and after the period of incapacity for work. This compensation is paid in the form of an occupational disease pension, which makes up the difference between the employee’s original income and current earnings.
2. Compensation for pain and suffering and impairment of social functioning —determined according to the methodology for compensating non-pecuniary harm to health.
3. Reimbursement of reasonable medical expenses, including rehabilitation, medications, and medical aids.
4. Compensation forproperty damage, e.g., if the illness requires home modifications or special equipment.
5. A one-time compensation payment upon termination of employment —if the employment relationship is terminated by the employer or by mutual agreement because the employee, due to a work-related injury, an occupational disease, or a risk of such a disease, has permanently lost the ability to perform their previous job, they are entitled, under the conditions prescribed by law, to a lump-sum payment equal to twelve times their average monthly earnings.

Compensation is paid by the insurance company with which the employer has taken out mandatory liability insurance (Kooperativa or Generalli). If the illness results in death, the survivors are entitled to a lump-sum compensation payment and reimbursement of funeral expenses.

How the Amount of Compensation for an Occupational Disease Is Calculated

The amount of compensation for an occupational disease is determined on a case-by-case basis, depending on the specific impact on the employee’s health and earnings. The goal is to compensate for the actual loss caused by the disease. For example, if an employee completely loses the ability to perform their job, they may be entitled not only to occupational disease benefits but also to a lump-sum compensation payment for the occupational disease, which is intended to compensate for the permanent limitations on their professional and personal life.

Loss of earnings is determined as the difference between the original average income and current earnings (or sickness benefits). This amount is then adjusted annually in line with the current increase in the average wage. The employee thus receives compensation that reflects not only their health condition but also economic changes.

The entitlement also typically includes compensation for pain and suffering and for the impairment of social functioning—that is, compensation for suffering, limitations on leisure activities and social relationships, or the inability to continue one’s previous lifestyle. Consideration is given to whether the illness requires long-term treatment, rehabilitation, or a permanent change in employment.

The employee should insist that the physician prepare a comprehensive medical report, including all physical and psychological effects of the illness. Even minor omissions can lead to a reduction in the amount of compensation awarded.

Compensation for Loss of Earnings Due to an Occupational Disease

One of the most important forms of compensation is compensation for loss of earnings following the end of a work disability period due to an occupational disease. This is paid on a long-term basis, often for decades, and serves to supplement the employee’s income, which has been reduced as a result of the illness.

Entitlement to the annuity arises when an employee , following an occupational disease , is working but with lower earnings, or is completely unable to work. The amount of the pension is calculated as the difference between the employee’s original average earnings and their current income (including sick pay or disability benefits).

The pension is regularly adjusted (indexed) by government regulation in line with wage growth and the cost of living. The insurance company pays it either monthly or quarterly. At the same time, the employee has the right to request a recalculation of the pension amount if his or her health deteriorates or if the insurance company incorrectly assessed the amount of lost earnings.

The annuity may also be granted retroactively, for example, if an occupational disease was not recognized until years later. In such a case, the employee receives a back payment of all amounts owed, including adjustments for previous periods. This is particularly important for people who have worked for many years in physically demanding professions, such as manual laborers, healthcare workers, or workers in the chemical industry.

Occupational Disease and Termination of Employment

The mere recognition of an occupational disease does not automatically mean the end of the employment relationship. However, if, according to a medical evaluation, an employee has permanently lost the ability to perform their current job, the employer must follow the rules of the Labor Code, including assessing the possibility of transferring the employee to a different position.

If the employment relationship subsequently ends due to termination by the employer or by mutual agreement because the employee has permanently lost the ability to perform their current job as a result of a work-related injury, an occupational disease, or a risk of such a disease, the employee is entitled to a one-time compensation payment equal to twelve times their average monthly earnings. As of June 1, 2025, this compensation replaced the previous twelve-times severance pay.

Risk of Occupational Diseases and Preventive Entitlements

Employees may also be recognized as persons at risk of an occupational disease if it is evident that their health is deteriorating as a result of working conditions, even if it does not yet meet all the criteria for the disease.

In such a case, the employer (in consultation with a physician) may reassign the employee to different work. If this results in lower earnings, the employee is entitled to compensation for the risk of occupational disease—known as compensation for the difference in wages. This situation is often underestimated, but it is the employee’s legal right to protect both their health and their income.

The topic of the risk of occupational diseases also comes up frequently in discussions among employees—many believe they are not entitled to compensation until the disease is officially recognized. However, this is not true, because even the risk itself constitutes grounds for financial compensation.

What to Do If Your Occupational Disease Is Not Recognized or Your Compensation Claim Is Denied

It is important to distinguish between two situations. If you disagree with the medical assessment regarding the recognition or non-recognition of an occupational disease, you can file a request for its review. The statutory deadline is generally 10 business days from the date of verifiable delivery, and the request is submitted to the provider that issued the assessment.

A different situation arises if the occupational disease has already been recognized, but a dispute arises regarding the entitlement to compensation or the amount thereof. In that case, it is a labor law claim against the liable employer, and the dispute may end up in court.

Practical Tip: Don’t delay in addressing a disputed medical report. Ten business days is a short deadline, and missing it can significantly complicate the next steps.

Has your occupational disease not been recognized, or do you disagree with the amount of compensation? We’ll review the medical reports and the proceedings to date and suggest how to further defend your claim.

Summary

An occupational disease must meet the conditions set forth by law, and its recognition is carried out by an authorized occupational health clinic. Once recognized, an employee may be entitled to compensation for an occupational disease, including compensation for lost wages, pain and suffering, compensation for reduced social functioning, or medical expenses. If the legal requirements are met, the employee may also receive a long-term disability pension. If, due to an occupational disease, the employee permanently loses the ability to perform their current job and the employment relationship is terminated in the manner prescribed by law, they may be entitled to a lump-sum payment equal to twelve times their average monthly earnings. If the employee disagrees with the medical assessment, they may request a review.