An occupational disease is a condition arising from working conditions. Employers can be held accountable for this on the basis of their duty of care.
Definition of an occupational disease
An occupational disease mainly arises from factors in the workplace:
- RSI due to repetitive movements
- Hearing problems due to exposure to loud noises
- Respiratory problems due to inhalation of dust particles
- Cancer as a result of contact with harmful substances
- Mental health complaints such as burn-out due to persistent stress
- Skin problems due to contact with irritating materials
Work accident versus occupational disease
| Work accident | Occupational disease |
|---|---|
| Sudden incident | Slowly developing condition |
| Clear cause | Cause often difficult to prove |
| Direct damage | Symptoms appear gradually |
Proving an occupational disease
Proving an occupational disease is more complex than in the case of a work accident:
- You must prove that the work caused the disease
- The connection between work and disease is often complicated
- Expert medical reports are essential
- Registration with the NCvB can be supportive
Employer's responsibility
An employer may be liable if:
- The employee was exposed to risks in the workplace
- Insufficient preventive measures were taken
- There is a direct link between the exposure and the condition
Common occupational diseases
- RSI and related complaints
- Stress-related conditions such as burn-out
- Hearing damage due to noise at work
- Diseases due to asbestos exposure
- Skin irritations due to chemical substances
- Lung conditions such as silicosis
How do I prove that my disease is work-related?
Gather evidence about risks in your workplace, medical reports of your complaints, and consult an employment and medical expert. Registration with the NCvB can also help.Can I file a claim for old exposure?
Yes, liability may also apply for exposure from years ago. Note the limitation period of 5 years after discovery of the damage. For diseases such as asbestosis, the damage may only become apparent after a long time.What if my employer is no longer active?
You may be able to approach the employer's insurer. For asbestos-related diseases, there is the Instituut Asbestslachtoffers (IAS) that provides compensation.Legal Assistance in Utrecht
For legal assistance in Utrecht, you can go to:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55
Frequently asked questions about occupational diseases
What does this article cover?
This article is about occupational diseases and the legal aspects of personal injury. Read on for specific information about your situation.
How can I use this information?
This article provides general guidelines. For tailored advice, it is wise to consult a legal expert in Utrecht.
Where can I find more help in Utrecht?
Visit the Juridisch Loket Utrecht or read additional articles on this platform. A lawyer can also provide support.
How do I get in touch for help?
Contact a legal advisor or the Juridisch Loket in Utrecht. Often, the first consultation is free of charge.
What are my rights in case of an occupational disease?
You may be entitled to compensation for medical costs, loss of income, and immaterial damage. Prompt action is important.
Summary
This article provides insight into occupational diseases and personal injury claims. For personal advice in Utrecht, consult a legal expert.
Key points
- Every case involving occupational diseases is unique
- Legal assistance is crucial
- Prompt action strengthens your claim
- Good documentation is essential
- There are many support institutions in Utrecht
- Your rights must be protected