Smokers? That doesn't mean your employer can endanger your health
An employee of a security company who developed severe chronic lung disease (COPD) after years of metal grinding and cutting in an unventilated hall faced rejection of his claim by the National Insurance Institute and the labor court due to his smoking status. A change in legal strategy, focusing on employer negligence that worsened the disease, led to the employer being ordered to pay compensation.
An employee at a large security company, who worked for years grinding and cutting metal parts in an unventilated production hall with partial protection, developed severe chronic lung disease (COPD). His appeal to the National Insurance Institute was rejected after tests and investigations determined that due to his smoking, no causal link to working conditions could be established. An appeal to the labor court was also dismissed. At this point, the employee turned to attorney Azi N. Cohen, who formulated a new legal strategy: instead of proving that working conditions caused the disease, the focus was on employer negligence that worsened his condition. It was found that the employer conducted periodic tests, but despite signs of lung disease appearing in them, he did not stop employing the worker in the harmful hall without ventilation and protection. The court-appointed medical expert accepted this position, and the court ordered the employer to compensate the employee for his part in worsening the condition. The article is marketed as sponsored content with zap legal and promotes the services of attorney Azi N. Cohen.
Smokers? That doesn't mean your employer can endanger your health