OCCUPATIONAL DISEASES IN BOLIVIA: COMPENSATION AND EMPLOYER LIABILITY

1. It must be listed in Annex 1 of the Social Security Code, which outlines recognized occupational illnesses.
2. A causal link must be demonstrated between the disease and the work performed by the employee.

Some of the most common occupational diseases in Bolivia include:

• Pneumoconiosis, caused by inhaling dust in mines or factories.
• Occupational hearing loss, due to prolonged exposure to loud noise.
• Musculoskeletal disorders, caused by repetitive motions or forced postures.
• Chemical intoxications, frequently seen in the manufacturing industry.

HOW IS COMPENSATION DETERMINED?

The compensation amount for an occupational disease varies depending on several factors:

1. SEVERITY OF THE CONDITION
   The level of disability caused by the illness is evaluated—temporary or permanent, partial or total.
2. LOSS OF WORK CAPACITY
   The impact of the disease on the worker’s productivity and earnings is assessed.
3. EMPLOYEE’S BASE SALARY
   If no specific compensation agreement exists, the current national minimum wage is used as a reference.
4. DURATION OF EXPOSURE TO THE RISK
   Longer exposure to the risk factor may result in higher compensation.

Medical benefits are covered for up to 52 weeks after the illness is recognized by the Health Insurance Fund (Caja de Salud). If the worker is found to have permanent partial or total disability, additional compensation may be awarded.

EMPLOYER LIABILITY

Employers are legally obligated to provide a safe working environment and to take preventive measures against occupational illnesses. Their responsibilities include:

• Ensuring safe working conditions through risk prevention and control measures
• Reporting the occupational illness to the Health Insurance Fund within 24 hours of detection
• Covering initial medical expenses until the Health Fund assumes responsibility
• Providing first aid and maintaining adequate medical services at the workplace
• Companies with more than 80 employees are required to maintain a permanent medical service and a free pharmacy for workers.

Failure to meet these obligations may result in legal sanctions for the employer.

EXCEPTIONS TO COMPENSATION

There are cases where the employer is not obligated to compensate the affected worker. These include:

• When the illness was intentionally caused by the worker
• When the illness is unrelated to the job and has no occupational cause
• When a causal link between the illness and workplace exposure cannot be proven
• When the illness is endemic and not the result of prolonged occupational exposure

In such cases, the worker must provide medical and documentary evidence proving the disease was contracted due to their job.

CONSEQUENCES OF NON-COMPLIANCE

An employer who fails to fulfill their responsibilities regarding occupational diseases may face several penalties, such as:

• Fines and economic sanctions from the Ministry of Labor for not reporting the illness within the legal timeframe
• Civil and criminal liability if employer negligence contributed to the worker’s condition
• Administrative sanctions for failing to maintain proper records or to implement workplace safety measures

It is critical for employers to adopt all necessary safety protocols to prevent occupational risks and avoid severe legal consequences.

CONCLUSION

Occupational diseases present significant risks for employees and impose legal obligations on employers. Bolivian law guarantees medical assistance and financial compensation to affected workers, while requiring employers to maintain safe and compliant working conditions.