Abstract:

The qualification of Covid-19 disease as an occupational accident, occupational disease, or sickness in terms of social insurance law affects social insurance rights. An epidemic disease can be contracted while working or due to working conditions, as well as outside work. If the disease is contracted in legal conditions that define occupational accident, then it will be considered as an occupational accident. Covid-19 can be considered as an occupational disease for healthcare professionals. When determining the legal qualification of Covid-19 for both healthcare professionals and other workers, welfare state principle and the general aim of expanding the protective umbrella of social insurances should be considered. If the insured person contracts the disease outside work, then they can only benefit from sickness insurance. Proving that the insured person contracted the disease at work or because of working conditions is a challenging task, as the virus spreads through respiratory transmission. However, difficulty in proving cannot be interpreted against the insured. In terms of employment law, the employer has the duty to protect the health and safety of the employees, and therefore must take all necessary available precautions against Covid-19. If an employee contracts the disease due to employer’s failure in the duty to protect, the employer is liable for the damages. The causal connection between employee’s illness and employer’s breach of protection duty can be established through filiation reports or by evaluating the working conditions. The epidemic nature of the disease cannot be considered as force majeure and does not break the causal connection.

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