A responsabilização de empresas por acidentes de trabalho no judiciário trabalhista de São Paulo - TRT15 / The liability of companies for work accidents in the São Paulo labor judiciary - TRT15

Resumo A teoria do risco ou da responsabilidade objetiva dispensa a comprovação da culpa ou do dolo e tem como requisitos a ocorrência do dano e o nexo causal. Embora a constituição disponha a responsabilidade por acidente de trabalho como subjetiva, se tem observado na doutrina e no judiciário a adoção da responsabilidade objetiva em alguns casos de acidentes e doenças ocupacionais. Este estudo tem por objetivo analisar decisões do Tribunal Regional do Trabalho da 15ª Região - São Paulo para conhecer em que situações a corte tem utilizado a responsabilidade objetiva. A pesquisa quanti-qualitativa, de caráter exploratório e descritivo, foi desenvolvida com base em análise documental e revisão bibliográfica. A pesquisa documental foi realizada em acórdãos que continham o descritor "acidente de trabalho", disponíveis na base de dados do Tribunal Regional do Trabalho da 15ª Região, julgados no período entre 11/11/2015 e 10/11/2017. Os resultados indicaram que, do total de 559 casos julgados, em 275 a decisão foi de procedência, sendo 15% por responsabilidade objetiva. Considerando apenas os casos procedentes, a responsabilidade objetiva apareceu em 30,5% deles. Esse percentual revela que já é expressiva nessa corte a tomada de decisão com base na noção de responsabilidade objetiva, e que tal adoção tem potencial para afetar práticas de prevenção de acidentes.

Abstract The risk theory or objective liability dispenses proof of guilt or intent and requires only the occurrence of damage and the causal link. Although the constitution establishes the responsibility for work accidents as subjective, it has been observed in the doctrine and in the judiciary the adoption of objective liability in some cases of accidents and occupational diseases. This study aims to analyze the decisions of the Regional Labor Court of the 15th Region - São Paulo to know in which situations the court has used objective liability. The quantitative-qualitative, exploratory and descriptive research was developed based on document analysis and literature review. The document research was carried out in judgments that contained the descriptor "work accident," available in the database of the Regional Labor Court of the 15th Region, judged between 11/11/2015 and 10/11/2017. The results indicated that, of the total of 559 cases judged, in 275 the decision was founded, being 15% by objective liability. Considering only the founded cases, objective liability appeared in 30.5% of them. This percentage reveals that decision-making based on the notion of objective liability is already expressive in this court, and that such adoption has the potential to affect accident prevention practices.

Brazilian labor reform and implications for nursing work: a case study / Reforma laboral brasileña e implicaciones para el trabajo de enfermería: un estudio de caso / Reforma trabalhista brasileira e implicações para o trabalho de enfermagem: estudo de caso

Abstract Objective: to analyze the Brazilian labor reform repercussions and its implications for nursing work. Method: this is an exploratory-descriptive case study. Data were collected on the website of four Regional Labor Courts (in Brazil), taking into account the cases judged in first and second instance, involving nurses and aspects of labor rights that were linked to labor reform. Results: two cases were captured that dealt with: 1) lack of prior inspection for unhealthy work; 2) expansion of nurses' working hours without overtime pay. These two situations were based on the labor reform, which confirms the process of loss of rights for nurses. Conclusion: implementing the new labor rules brought harm and had negative repercussions for nursing work, as it resulted in professionals' loss of rights. In this treadmill, it is believed that the dissatisfaction of these workers will increase and may result in professional evasion.

RESUMEN Objetivo: analizar las repercusiones de la reforma laboral brasileña y sus implicaciones para el trabajo de enfermería. Método: se trata de un estudio de caso exploratorio-descriptivo. Los datos fueron recolectados en el sitio web de cuatro Tribunales Laborales Regionales (en Brasil), tomando en cuenta los casos juzgados en primera y segunda instancia, involucrando enfermeras y aspectos de derechos laborales vinculados a la reforma laboral. Resultados: se capturaron dos casos que abordaron: 1) falta de inspección previa por trabajo insalubre; 2) ampliación de la jornada laboral de las enfermeras sin pago de horas extraordinarias. Estas dos situaciones se basaron en la reforma laboral, que confirma el proceso de pérdida de derechos de las enfermeras. Conclusión: la implementación de las nuevas normas laborales trajo perjuicios y repercusiones negativas para el trabajo de enfermería, ya que resultó en la pérdida de derechos de los profesionales. En esta cinta, se cree que la insatisfacción de estos trabajadores aumentará y puede resultar en la evasión profesional.

RESUMO Objetivo: analisar as repercussões da reforma trabalhista brasileira e suas implicações para o trabalho de enfermagem. Método: trata-se de um estudo de caso exploratório-descritivo. Os dados foram coletados no site de quatro Tribunais Regionais do Trabalho (do Brasil), levando-se em consideração os casos julgados em primeira e segunda instância, envolvendo enfermeiros e aspectos de direitos laborais que se vinculavam à reforma trabalhista. Resultados: foram captados dois casos que versavam sobre: 1) ausência de inspeção prévia para o trabalho insalubre; 2) ampliação da jornada de trabalho do enfermeiro sem pagamento de horas extras. Essas duas situações se fundamentaram na reforma trabalhista, que chancela o processo de perda de direitos dos enfermeiros. Conclusão: a implementação das novas regras trabalhistas trouxe prejuízo e repercutiu negativamente para o trabalho de enfermagem, pois se concluiu pela perda de direitos dos profissionais. Nessa esteira, acredita-se que a insatisfação desses trabalhadores aumentará e poderá resultar em evasão profissional.

Reparación del tendón del supraespinoso con técnica transósea equivalente en población sujeta a compensación laboral. ¿Cuál es el porcentaje de cicatrización? / Supraspinatus tendon repair using an equivalent transosseous technique to workers compensation. What is the percentage of cicatrization?

Introducción: El objetivo de este trabajo es evaluar el porcentaje de cicatrización y los resultados funcionales de una cohorte de pacientes sometidos a reparación artroscópica del tendón del supraespinoso mediante una técnica de doble fila transósea equivalente. Materiales y métodos: durante el período de enero de 2015 a diciembre de 2017, se realizó una reparación artroscópica del supraespinoso a cuarenta y ocho pacientes utilizando una técnica transósea equivalente, todas por el mismo cirujano; al cuarto mes de evolución, se evaluó la tasa de cicatrización del tendón mediante ecografía. Los resultados funcionales se analizaron mediante la escala de Constant-Murley (CS), valoración subjetiva del hombro (SSV) y la escala visual análoga (EVA) para objetivar el dolor. Para el análisis estadístico se utilizó t test para muestras pareadas. Población sometida a compensación laboral.Resultados: el seguimiento ecográfico objetivó una tasa de re-ruptura del 6%. El promedio de incremento en la escala de Constant-Murley fue de 55 puntos, del SSV de 55%, de flexión anterior 32° y de rotación externa de 13°. La escala visual análoga tuvo un descenso de 6 puntos. Todos estos cambios fueron estadísticamente significativos (p < 0.05). Conclusión: la reparación del tendón del supraespinoso, mediante una técnica transósea equivalente mejora los resultados clínicos y funcionales de los pacientes, objetivados con los índices de Constant-Murley y SSV. En nuestra serie obtuvimos una tasa de cicatrización en el 94% de los pacientes. Tipo de estudio: Serie de casos. Nivel de Evidencia: IV

Introduction: the objective of this work was to evaluate the healing rate and functional results in a retrospective cohort of patients undergoing arthroscopic repair of the supraspinatus tendon, using a double row transosseous equivalent technique. Materials and methods: during the period from January 2015 to December 2017, an arthroscopic repair of the supraspinatus was performed on forty-eight patients, using a transosseous technique, by the same surgeon. We evaluated the healing rate by an ultrasound exam at the fourth month of evolution. Functional results were evaluated using the Constant-Murley scale (CS), subjective shoulder assessment (SSV) and the visual analog scale (VAS) to objectify the pain. For the statistical analysis, t-tests were used for paired samples. This cohort of patients is subject to workers compensation. Results: the ultrasound follow-up showed a 6% re-rupture rate. The average increase in the Constant scale was 55 points, the SSV had a mean increase of 55% and the VAS score decrease 6 points. All these changes were statistically significant (p < 0.05).Conclusions: the supraspinatus tendon repair, using an equivalent transosseous technique, improves the clinical and functional results of patients, objectified with the Constant-Murley and SSV scores. In our series we obtained a healing rate on 94% of the patients. Type study: Case Series. Level of Evidence: IV

A Case Study on Workers' Compensation Approval for a Hospital Nurse's Suicide / 산업간호학회지

PURPOSE: This study aimed to examine the process from occurrence of a hospital nurse's suicide to workers' compensation approval, responses of the parties involved, issues debated during approval deliberations, and significant policy changes resulting from the incident.METHODS: We conducted in-depth interviews with involved parties and collected various documents, including newspaper articles, forum proceedings, and the agency report on determination of workers' compensation. Content analysis was performed on the collected data.RESULTS: A Joint Task Force continuously reported its progress and findings through mass media such as newspaper, radio, and TV. These activities exerted pressure on a government agency to conduct an occupational disease review and significantly impacted the workers' compensation approval. The agency recognized associations between the hospital's inadequate nurse training and the suicide but did not confirm the excessive overtime and workplace harassment experienced by the nurse as causes of the suicide. This case's media coverage and impact resulted in a law prohibiting workplace harassment and a hospital system dedicating at least one nurse to training activities.CONCLUSION: This incident had a significant social impact as the first case of workers' compensation approval for a hospital nurse's suicide. However, the case produced no structural changes in nurses' working conditions such as heavy workloads.

Update on the Management of Occupational Asthma and Work-Exacerbated Asthma

Work-related asthma is the most common occupational lung disease encountered in clinical practice. In adult asthmatics, work-relatedness can account for 15%–33% of cases, but delays in diagnosis remain common and lead to worse outcomes. Accurate diagnosis of asthma is the first step to managing occupational asthma, which can be sensitizer-induced or irritant-induced asthma. While latency has traditionally been recognized as a hallmark of sensitizer-induced asthma and rapid-onset a defining feature of irritant-induced asthma (as in Reactive Airway Dysfunction Syndrome), there is epidemiological evidence for irritant-induced asthma with latency from chronic moderate exposure. Diagnostic testing while the patient is still in the workplace significantly improves sensitivity. While specific inhalational challenges remain the gold-standard for the diagnosis of occupational asthma, they are not available outside of specialized centers. Commonly available tests including bronchoprovocation challenges and peak flow monitoring are important tools for practicing clinicians. Management of sensitizer-induced occupational asthma is notable for the central importance of removal from the causative agent: ideally, removal of the culprit agent; but if not feasible, this may require changes in the work process or ultimately, removal of the worker from the workplace. While workers' compensation programs may reduce income loss, these are not universal and there can be significant socio-economic impact from work-related asthma. Primary prevention remains the preferred method of reducing the burden of occupational asthma, which may include modification to work processes, better worker education and substitution of sensitizing agents from the workplace with safer compounds.

Occupational Characteristics of Semiconductor Workers with Cancer and Rare Diseases Registered with a Workers' Compensation Program in Korea

BACKGROUND: The aim of this study was to describe the types of diseases that developed in semiconductor workers who have registered with the Korea Workers' Compensation and Welfare Service (KWCWS) and to identify potential common occupational characteristics by the type of claimed disease. METHODS: A total of 55 semiconductor workers with cancer or rare diseases who claimed to the KWCWS were compared based on their work characteristics and types of claimed diseases. Leukemia, non-Hodgkin lymphoma, and aplastic anemia were grouped into lymphohematopoietic (LHP) disorder. RESULTS: Leukemia (n = 14) and breast cancer (n = 10) were the most common complaints, followed by brain cancer (n = 6), aplastic anemia (n = 6), and non-Hodgkin lymphoma (n = 4). LHP disorders (n = 24) accounted for 43%. Sixty percent (n = 33) of registered workers (n = 55) were found to have been employed before 2000. Seventy-six percent (n = 42) of registered workers and 79% (n = 19) among the registered workers with LHP (n = 24) were found to be diagnosed at a relatively young age, ≤40 years. A total of 18 workers among the registered semiconductor workers were finally determined to deserve compensation for occupational disease by either the KWCWS (n = 10) or the administrative court (n = 8). Eleven fabrication workers who were compensated responded as having handled wafers smaller than eight inches in size. Eight among the 18 workers compensated (44 %) were found to have ever worked at etching operations. CONCLUSION: The distribution of cancer and rare diseases among registered semiconductor workers was closely related to the manufacturing era before 2005, ≤8 inches of wafer size handled, exposure to clean rooms of fabrication and chip assembly operations, and etching operations.

The Fourth Industrial Revolution and Its Impact on Occupational Health and Safety, Worker's Compensation and Labor Conditions

The “fourth industrial revolution” (FIR) is an age of advanced technology based on information and communication. FIR has a more powerful impact on the economy than in the past. However, the prospects for the labor environment are uncertain. The purpose of this study is to anticipate and prepare for occupational health and safety (OHS) issues.In FIR, nonstandard employment will be common. As a result, it is difficult to receive OHS services and compensation. Excessive trust in new technologies can lead to large-scale or new forms of accidents. Global business networks will cause destruction of workers' biorhythms, some cancers, overwork, and task complexity. The social disconnection because of an independent work will be a risk for worker's mental health. The union bonds will weaken, and it will be difficult to apply standardized OHS regulations to multinational enterprises.To cope with the new OHS issues, we need to establish new concepts of "decent work” and standardize regulations, which apply to enterprises in each country, develop public health as an OHS service, monitor emerging OHS events and networks among independent workers, and nurture experts who are responsible for new OHS issues.

Impacts of Return-to-Work Type and Period on Job Retention in Workers with Occupational Injuries and Diseases

BACKGROUND: Despite the necessity of job retention in achieving return-to-work (RTW) goals, many workers leave their jobs after returning to work. The objective of this study was to examine the impacts of RTW type and period on job retention in Korean workers with occupational injuries and diseases. METHODS: Data were derived from the Panel Study of Worker's Compensation Insurance, including data from 2,000 systemically sampled workers who had finished recuperation in 2012; three waves of survey data were included in the analyses. Workers who returned to work (n = 1,610) were included in the analysis of the relationship between RTW type and job retention, and 664 workers who returned to their original workplaces were included in the analysis of the relationship between RTW period and job retention. The participants completed a questionnaire, and administrative data were provided by workers' compensation insurance. RESULTS: A Cox proportional-hazards regression analysis showed an increased hazard ratio (HR) for non-retention of 2.66 (95% confidence interval, 2.11–3.35) in reemployed workers compared to that in workers returning to their original workplaces. Among workers returning to their original workplaces, HRs for non-retention were increased in workers with a RTW period of 13–24 months (3.03 [1.52–6.04]) and > 24 months (5.33 [2.14–13.25]) compared to workers with a RTW period of ≤ 3 months. CONCLUSION: RTW type and period were significantly related to job retention, suggesting that policies for promoting job retention rate should be implemented.

Silica exposure and work-relatedness evaluation for occupational cancer in Korea

Crystalline silica has been classified as a definite carcinogen (Group 1) causing lung cancer by the International Agency for Research on Cancer (IARC). In Korea, crystalline silica has been the most common causal agent for workers to apply to the Korea Workers' Compensation and Welfare Service (KWCWS). We used KWCWS data to evaluate workers' crystalline silica exposure levels according to their occupations and industries, and reviewed research papers describing the dose-response relationship between cumulative exposure levels and lung cancer incidence. In addition, we reviewed lung cancer cases accepted by the KWCWS, and suggest new criteria for defining occupational cancer caused by crystalline silica in Korea. Rather than confining to miners, we propose recognizing occupational lung cancer whenever workers with pneumoconiosis develop lung cancer, regardless of their industry. Simultaneous exposure and lag time should also be considered in evaluations of work-relatedness.

Does formaldehyde have a causal association with nasopharyngeal cancer and leukaemia?

BACKGROUND: The South Korean criteria for occupational diseases were amended in July 2013. These criteria included formaldehyde as a newly defined occupational carcinogen, based on cases of “leukemia or nasopharyngeal cancer caused by formaldehyde exposure”. This inclusion was based on the Internal Agency for Research on Cancer classification, which classified formaldehyde as definite human carcinogen for nasopharyngeal cancer in 2004 and leukemia in 2012. METHODS: We reviewed reports regarding the causal relationship between occupational exposure to formaldehyde in Korea and the development of these cancers, in order to determine whether these cases were work-related. RESULTS: Previous reports regarding excess mortality from nasopharyngeal cancer caused by formaldehyde exposure seemed to be influenced by excess mortality from a single plant. The recent meta-risk for nasopharyngeal cancer was significantly increased in case-control studies, but was null for cohort studies (excluding unexplained clusters of nasopharyngeal cancers). A recent analysis of the largest industrial cohort revealed elevated risks of both leukemia and Hodgkin lymphoma at the peak formaldehyde exposure, and both cancers exhibited significant dose-response relationships. A nested case-control study of embalmers revealed that mortality from myeloid leukemia increased significantly with increasing numbers of embalms and with increasing formaldehyde exposure. The recent meta-risks for all leukemia and myeloid leukemia increased significantly. In South Korea, a few cases were considered occupational cancers as a result of mixed exposures to various chemicals (e.g., benzene), although no cases were compensated for formaldehyde exposure. The peak formaldehyde exposure levels in Korea were 2.70–14.8 ppm in a small number of specialized studies, which considered anatomy students, endoscopy employees who handled biopsy specimens, and manufacturing workers who were exposed to high temperatures. CONCLUSION: Additional evidence is needed to confirm the relationship between formaldehyde exposure and nasopharyngeal cancer. All lymphohematopoietic malignancies, including leukemia, should be considered in cases with occupational formaldehyde exposure.

The characteristics of asbestos-related disease claims made to the Korea Workers' Compensation and Welfare Service (KCOMWEL) from 2011 to 2015

BACKGROUND: This study aimed to enhance understanding of the epidemiologic characteristics of asbestos-related diseases, and to provide information that could inform policy-making aimed at prevention and compensation for occupational asbestos exposure, through analyzing asbestos-related occupational disease claims to Korea Workers’ Compensation and Welfare Service from 2011 to 2015. METHODS: We analyzed 113 workers who filed medical care claims or survivor benefits for asbestos exposure and occupational-related disease from 2011 to 2015. Among these claims, we selected approved workers’ compensation claims relating to malignant mesothelioma and lung cancer, and analyzed the general characteristics, exposure characteristics, pathological characteristics, and occupation and industry distribution. RESULTS: Malignant mesothelioma and lung cancer occurred predominantly in males at 89.7 and 94%, respectively. The mean age at the time of diagnosis for malignant mesothelioma and lung cancer was 59.5 and 59.7 years, respectively, while the latency period for malignant mesothelioma and lung cancer was 34.1 and 33.1 years, respectively. The companies involving exposed workers were most commonly situated within the Busan-Ulsan-Gyeongnam region. Histology results for lung cancer indicated adenocarcinoma as the most common form, accounting for approximately one half of all claims, followed by squamous cell carcinoma, and small cell lung cancer. The most common occupation type was construction in respect of malignant mesothelioma, and shipbuilding in respect of lung cancer. CONCLUSIONS: Considering the long latency period of asbestos and that the peak period of asbestos use in Korea was throughout the mid-1990s, damage due to asbestos-related diseases is expected to show a continued long-term increase. Few studies providing an epidemiologic analysis of asbestos-related diseases are available; therefore, this study may provide baseline data to assist in predicting and preparing for future harm due to asbestos exposure. TRIAL REGISTRATION: DUIH 2018–02–004-001. Registered 28 Februrary 2018.

Recent Changes to Improve the Process of Compensation of Occupational Diseases in Workers Covered by the Industrial Accident Compensation Insurance Act

OBJECTIVE: We studied recent changes and improvement in compensation for occupational accidents, including the occupational diseases of workers who apply for industrial accident compensation insurance. METHODS: We reviewed the Industrial Accident Compensation Insurance policy, the regulations and case reports of the Korea Worker's Compensation & Welfare Service, research reports, and press articles to confirm the approval process for, recognition criteria of, and recent trends in occupational diseases. RESULTS: The Industrial Accident Compensation Insurance Act applies to workplaces with one or more regular employees. The approval process for occupational diseases is complicated and requires much time and effort. The Korea Workers' Compensation & Welfare Service needs to conduct an investigation of occupational diseases on its own or, if that would be impossible, it should request an epidemiological investigation or consult with an external professional institution. The Committee on Occupational Disease Judgment requires experts from various fields to participate in order to have consistent and objective reviews. Legal adjustments for commuting disasters have been made since 2018. CONCLUSION: The application of the Industrial Accident Compensation Insurance Act should be expanded to protect more workers. We should improve the recognition process of occupational diseases so that it is done simply and quickly, and we should maintain the expertise and objectivity of the Committee on Occupational Disease Judgment.

Prediction of Return-to-original-work after an Industrial Accident Using Machine Learning and Comparison of Techniques

BACKGROUND: Many studies have tried to develop predictors for return-to-work (RTW). However, since complex factors have been demonstrated to predict RTW, it is difficult to use them practically. This study investigated whether factors used in previous studies could predict whether an individual had returned to his/her original work by four years after termination of the worker's recovery period. METHODS: An initial logistic regression analysis of 1,567 participants of the fourth Panel Study of Worker's Compensation Insurance yielded odds ratios. The participants were divided into two subsets, a training dataset and a test dataset. Using the training dataset, logistic regression, decision tree, random forest, and support vector machine models were established, and important variables of each model were identified. The predictive abilities of the different models were compared. RESULTS: The analysis showed that only earned income and company-related factors significantly affected return-to-original-work (RTOW). The random forest model showed the best accuracy among the tested machine learning models; however, the difference was not prominent. CONCLUSION: It is possible to predict a worker's probability of RTOW using machine learning techniques with moderate accuracy.

Work Sectors with High Risk for Work-Related Musculoskeletal Disorders in Korean Men and Women

BACKGROUND: To identify work sectors with high risk for work-related musculoskeletal disorders (MSDs) in Korean men and women. METHODS: We analyzed nationwide data to identify ergonomic risk factors in Korean employees. In particular, we analyzed data on exposure to five ergonomic risk factors (painful/tiring postures, lifting/moving heavy materials, standing/walking, repetitive hand/arm movements, and hand/arm vibration) according to employment sector, sex, and age, using the 2014 Fourth Korean Working Conditions Survey. We also used workers' compensation data on work-related MSDs in 2010, which is available by sex. RESULTS: The different work sectors had different gender distributions. “Manufacturing” (27.7%) and “construction” (11.3%) were dominated by males, whereas “human health and social work activities” (12.4%), “hotel and restaurants” (11.7%), and “education” (10.4%) were dominated by females. However, “wholesale and retail trade” and “public administration and defense” employed large numbers of males and females. Furthermore, the work sectors with a greater proportion of work-related MSDs and with multiple ergonomic risk factors were different for men and women. For men, “construction” and “manufacturing” had the highest risk for work-related MSDs; for women, “hotel and restaurants” had the highest risk for work-related MSDs. CONCLUSION: Ergonomic interventions for workers should consider gender and should focus on work sectors with high risk for MSDs, with multiple ergonomic risk factors, and with the largest number of workers.

Factors affecting heat-related diseases in outdoor workers exposed to extreme heat

BACKGROUND: The objectives of the present study are to: (i) evaluate the effect of environmental and metabolic heat on heat-related illnesses in outdoor workers; and (ii) evaluate the effect of personal factors, including heat acclimation, on the risk of heat-related illnesses in outdoor workers. METHODS: We identified 47 cases of illnesses from exposure to environmental heat in outdoor workers in Korea from 2010 to 2014, based on review of workers' compensation data. We also obtained the information on location, time, and work environment of each heat-related illness. RESULTS: Our major results are that 29 cases (61.7%) occurred during a heat wave. Forty five cases (95.7%) occurred when the maximum estimated WBGT (WBGTmax) was equal to or greater than the case specific threshold value which was determined by acclimatization and metabolic rate. Twenty two cases (46.8%) were not acclimated to the heat. Thirty-seven cases (78.7%) occurred after tropical night (temperature above 25 °C), during which many people may find it hard to sleep. CONCLUSION: Personal risk factors such as heat acclimation as well as environmental factors and high metabolic rate during work are the major determinants of heat-related illnesses.

Characteristics of occupational musculoskeletal disorders of five sectors in service industry between 2004 and 2013

BACKGROUND: ‘Work related musculoskeletal disorders (WRMSDs)' have been mostly reported in the manufacturing industry but recently the occurrence of industrial injuries has been constantly increasing in the service industry. This research is going to analyze the data about workers' compensation for WRMSDs in five different service sectors and identify characteristics of occupations with the highest approved occupations. METHODS: According to the data released from the Korea Worker's Compensation & Welfare Service, the overview of 12,730 cases of workers' compensation for WRMSDs in five service sectors from 2004 to 2013 is going to be analyzed and the source data is going to be classified by the Korean Standard Classification of Occupations to select the top five occupations that have the highest number of approval. RESULTS: After selecting each five occupations from the service sector that have work related musculoskeletal disorders, the result showed that the occupation with the highest number of approval in the health and social care sector were the early childhood educators, cooks in the school canteens in education services sector, garbage collectors in the sanitation and similar services sector, deliverymen in wholesale and retail, consumer goods repair and building cleaners in general management businesses such as those in building maintenance. The major event observed in the top five occupations was the overexertion and reaction as a cause of WRMSDs. The day when the WRMSDs mostly occurred was on Monday and the most likely time was 10 am. The median days away from work and lost working days are 29–90 days and 0–50 days respectively. The difference in each occupation was observed in year of service, age, and gender. CONCLUSIONS: 83.21% of the approved cases of workers' compensation for WRMSDs occurred in the top 25 occupations in all of the five service sectors, which meant that the approval of workers' compensation is concentrated in specific occupations. This research is going to suggest preventive measures for work related musculoskeletal disorders in the service industry and to help prioritize the preventive measures. TRIAL REGISTRATION: Not applicable.

Accidentes de trabajo y enfermedades laborales en los sistemas de compensación laboral / Work accidents and occupational diseases in work compensation systems

Introducción: Las contingencias laborales constituyen un importante problema de salud pública en el mundo. Para reducir los daños, los países han introducido leyes y normas técnicas para la prevención de las mismas y reparación de las víctimas a través de seguros de compensación laboral y atención médica integral. Objetivo: Conocer el nivel de evidencia existente sobre los accidentes de trabajo y enfermedades profesionales compensados y las características de los trabajadores que los presentaron e industrias más afectadas. Métodos: Se realizó una revisión sistemática bajo la metodología "Prisma". La búsqueda bibliográfica se llevó a cabo en bases de datos y revistas científicas a través de palabras claves que fueron combinadas y restringidas a artículos publicados entre los años 2003 y 2013. Resultados: Se incluyeron 11 artículos de investigaciones que fueron realizadas en cuatro continentes: Europa, Asia, Oceanía y América. Los tipos de estudios fueron, principalmente, retrospectivos con fuentes secundarias. Las muestras variaron entre 307 hasta 1.320.792 registros en diferentes grupos poblacionales, que tuvieron una o múltiples reclamaciones de compensación por accidentes de trabajo y/o enfermedades laborales. El género masculino tuvo el porcentaje más alto de reclamaciones; las industrias más afectadas fueron la manufactura y la construcción; predominaron como primera causa los esguinces o torceduras, seguidos por los trastornos musculoesqueléticos. Conclusiones: Las investigaciones revisadas proporcionan informaciones para caracterizar las contingencias ocupacionales y orientar las estrategias de prevención en las industrias y en las poblaciones trabajadoras más afectadas. Sin embargo, tienen limitaciones para establecer la gravedad de las lesiones y los tipos de compensación otorgados.

Introduction: Occupational injuries constitute an important problem of public health in the world. In order to reduce damage, countries have introduced laws and technical standards for their prevention, and to provide the victims support by means of worker's compensation insurance and comprehensive health care. Objective: To know the existing evidence level of work accidents and compensated occupational diseases and the characteristics of workers who presented them, and the most affected branches of industries. Methods: A systematic review following the "Prisma" methodology was conducted. The bibliographic research was carried out in databases and scientific journals through keywords that were combined and restricted to articles published between 2003 and 2013. Results: Eleven articles about researches conducted in four continents (Europe, Asia, Oceania and America) were included. The studies were mainly retrospective with secondary sources, and the samples ranged from 307 to 1,320,792 records in different population groups, who had one or multiple claims of compensation for work-related accidents or illnesses. The male gender had the highest percentage of claims; the most affected industries were manufacture and construction; the first causes were sprains and strains followed by musculoskeletal disorders. Conclusions: The reviewed investigations provide information to characterize the occupational contingencies and to orient the strategies of prevention in the industries and in the most affected working population. However, there are limitations to establish the seriousness of the injuries and the types of compensation awarded.

Descriptive study of claims for occupational mental disorders or suicide

BACKGROUND: This study aimed to identify the characteristics of claimed mental disorders. Because the workers believed the cause of the mental disorders was work-related stress or a specific event, we could identify the major work-related stressor for claimed cases. METHODS: We included claimed cases of occupational mental disorder or suicide reported during 2010–2014 to the Korea Workers Compensation and Welfare Service (KCOMWEL), established by Industrial Accidents Insurance (IACI) Act. We conducted qualitative analysis using a form specifically developed for this study as well as a quantitative analysis. RESULTS: Of the 569 claimed cases, 142 cases were recognized as occupational mental disorder or suicide. The approval rate was 24.9 %. Suicide was the most commonly approved mental disorder (23.0 %), followed by major depressive disorder (14.9 %). Regarding profession, 109 workers were managers, and 95 workers were office clerks. The main work-related stressors of the approved cases were acute stressful events (76 cases), long working hours (12 cases), and changes in workload (6 cases). The primary stressful events were work-related legal problems, workplace violence, and employment status-related issues. CONCLUSION: Claims due to mental disorders or suicide increased during the 5-year study period, and the approval rate was approximately 33 %, and the main stressor of the claimed cases was an acute stressful event such as physiologic trauma, employment-related issues, fear of legal or financial responsibility, abrupt change in organizational responsibility, or workplace violence.