The concept of an occupational disease and the conditions for its diagnosis
An occupational disease is a condition resulting from the action of harmful factors present in the work environment or related to work performance. For a condition to be recognized as an occupational disease, two conditions must be met:
- The disease must be included in the list of occupational diseases;
- There must be a causal link between its occurrence and the action of harmful factors in the work environment.
The list of occupational diseases is set out in the annex to the Regulation of the Council of Ministers of 30 June 2009 on occupational diseases (consolidated text: Journal of Laws of 2013, item 1367, as amended: Journal of Laws of 2021, item 1287). It is a closed list, which means that only the diseases listed therein can be recognized as occupational diseases.
Below we present selected rulings of administrative courts regarding the issue of determining occupational diseases.
1. Obligation to demonstrate occupational exposure
In one case, the Provincial Administrative Court in Wrocław (IV SA/Wr 204/17) considered an employer's complaint against a decision by sanitary authorities to diagnose an employee with an occupational disease – silicosis. The court found that the administrative authorities conducted the proceedings correctly, and the evidence collected – including information about exposure to dust containing free crystalline silica – confirmed the existence of grounds for a diagnosis of an occupational disease. The court found that, under applicable regulations, demonstrating the presence of a harmful factor in the work environment and the occurrence of a condition corresponding to a disease included in the list of occupational diseases was sufficient. (Provincial Administrative Court in Wrocław, judgment of 19 September 2017, IV SA/Wr 204/17)
2. Possibility of diagnosis of the disease after termination of employment
In its judgment of 6 February 2024 (II GSK 1402/23), the Supreme Administrative Court recalled that an occupational disease may also be diagnosed after termination of employment under occupational exposure conditions – provided that the disease symptoms were revealed within the period specified in the list of occupational diseases. This means that termination of the employment relationship does not exclude the possibility of diagnosing an occupational disease if other conditions remain met. (NSA, judgment of 6 February 2024, II GSK 1402/23)
3. List of occupational diseases as a closed catalogue
In a case heard by the Provincial Administrative Court in Białystok (II SA/Bk 599/21), the subject of the review was the justification for refusing to diagnose an occupational disease in a teacher suffering from a voice disorder (laryngitis, dysphonia). The Institute of Occupational Medicine did not recognize the condition as an occupational disease, indicating that it did not correspond to a disease listed in the list. The court shared this view, emphasizing that, pursuant to Article 235¹ of the Labor Code, only a disease specified in the list constituting an annex to the regulation can be an occupational disease. (Provincial Administrative Court in Białystok, judgment of October 26, 2021, II SA/Bk 599/21).
In summary, an occupational disease can only be diagnosed if it appears on the list of occupational diseases and there is a causal relationship with working conditions. It can also be diagnosed after termination of employment, provided symptoms occur within the legally specified time period. The mere fact of contracting the disease while at work is not sufficient – the illness must correspond to a condition included in the list. The list of occupational diseases is closed and does not allow for an expansive interpretation.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 5, 2025.
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