Methodologies for legal and financial compensation for oncologists work-related health damage

Abstract

Introduction: The right to insurance in cases of accidents at work and occupational diseases, is guaranteed by the state. Insurance for accidents at work and occupational diseases consists in establishing specific medical-legal relations in cases of occupational hazards: diminished ability to work, loss of work capacity due to work-related accidents or occupational disease and obligatory social insurance system for all categories of employees, including oncologists. Materials and methods: We analyzed normative acts in the field of social insurance of physicians of oncology specialties. Simultaneously we processed compensation procedures, benefits and compensation in case of work-related health injury of oncologists. Based on comparative law and the SWOT analysis 15 normative documents - laws, government decisions, and other regulations in force were analyzed.

Results discussion: Ensuring oncologists for work accidents and occupational diseases occur in different cases: reducing and offsetting consequences of work-related accidents and occupational diseases;promotion of occupational safety and prevention of occupational accidents and occupational diseases. Under the legislation Insurance, Citizens, including oncologists, are entitled to benefits and insurance claims for rehabilitation, recovery of work capacity, professional rehabilitation, allowances for temporary unemployment, for temporary transfer to another employment, disability and death. The legislation stipulates that in case ofdeath of the insured, including medical oncologists, as a result of a work-related accident or an occupational disease, the beneficiaries are: children of the insured person, in our case the oncologist, who at the time of his death: are aged up to 18 years or have reached that age, spouse or one of the parents of the deceased insured, or another person who, at the time of death of the insured, does not work and takes care of the insured person`s children under 3 years of age. For damage strife is when the doctors injured party knew or should have known the damage and the person responsible for the damage, concerning future and possible damage, for each injury is entitled to act independently is prescribed from the date the injured party has known effectively or must have known the damage occurred.These are some of the issues on the application of Moldovan legislation to resolve disputes related to recovery of damages caused by bodily injury or other harm to health or death.With great dissatisfaction, I had examples of so...

Conclusions: 1. Moldovan Legislation stipulates rights and remedies in case of injury to health and the exercise of the profession including oncologist. 2. The oncologist as the injured party is entitled to compensation for expenses incurred in connection with ill health. Where oncologist lost entirely professional capacity for work, one can claim damages from the perpetrator costs of retraining, the migration process in another specialty. 3. Bodily or other harm to health or death of the oncologist, results in not only financial loss but also a moral damages. 4. A permanent improvement of legislation and normative acts in the field of safety and health at work of oncologists and Health Regulations specifically on research and evidence of professional diseases is required.