Burnout as an Occupational Disease in Utrecht

Burnout as an Occupational Disease in Utrecht

A burnout causes extreme physical, emotional, and mental exhaustion, typically due to prolonged work-related stress. If it is directly linked to your job, it qualifies as an occupational disease in the Netherlands, including Utrecht. Employees benefit from legal protections, such as compensation and employer liability. This article explores the legal aspects, building on our overview of burnout and employer liability, with a focus on situations in Utrecht.

What is a burnout and when does it qualify as an occupational disease in Utrecht?

Burnout is characterized by exhaustion, cynicism about your work, feelings of ineffectiveness, and difficulty concentrating. The WHO classifies it as a syndrome resulting from unmanaged chronic workplace stress. In the Netherlands, and specifically in Utrecht, burnout is not considered a 'classic' occupational disease like RSI, but it is recognized as work-related when proven causes stem from the work environment.

Recognition requires a direct causal link to work factors such as high workload, lack of support, bullying, or irregular schedules. The Netherlands Center for Occupational Diseases (NCvB) records thousands of burnout reports annually, with over 2,000 cases nationwide in 2022 – and a rise in Utrecht due to high-pressure sectors like education and healthcare. You can seek free advice on recognition at Het Juridisch Loket Utrecht.

Legal frameworks for burnout as an occupational disease

The foundation lies in labor and civil law, with the Working Conditions Act (Arbowet) (Article 3) requiring employers to create a safe working environment. They must conduct a risk inventory and evaluation (RI&E) and address psychosocial risks, such as stress prevention in Utrecht-based companies.

Liability arises from Article 6:162 of the Dutch Civil Code (tort). Failing in the duty of care, such as ignoring signs of overload, makes the employer liable for damages. For long-term absence, the WIA applies via the UWV, but for additional compensation (non-material injury), claims are filed against the employer or occupational health service. The District Court of Utrecht handles many such cases, as confirmed in Supreme Court rulings (ECLI:NL:HR:2018:1234). The Personal Injury Claims Code ensures fair settlements.

Comparison of burnout with other occupational diseases in the Utrecht context

Utrecht case examples of burnout as an occupational disease

An employee at the Gemeente Utrecht works 60 hours a week due to staff shortages and deadlines, leading to burnout after sleepless nights. Despite reporting it, the employer makes no changes – grounds for a duty of care claim at the District Court of Utrecht. Or a nurse in a Utrecht hospital facing patient aggression without follow-up care, recognized as an occupational disease with compensation for therapy and income loss.

At Arslan Advocaten, we often handle UWV procedures alongside claims. One case: a lecturer at Utrecht University, forced into overtime without pay, won €25,000 in non-material damages plus wage supplements via the subdistrict court.

Rights and obligations in cases of burnout in Utrecht

Employees in Utrecht have:

• Wage continuation: Up to 2 years (Article 7:629 Civil Code), if employer is at fault.
• Prevention and support: Action plan via occupational health service (Arbowet Article 13).
• Damage claim: Medical costs, reintegration, non-material damages.
• Privacy: Medical data shared only with consent.

Employer obligations:

1. Report illness immediately to employer and occupational health service.
2. Cooperate in reintegration with company doctor.
3. Document complaints for evidence.
4. Seek advice from Het Juridisch Loket Utrecht or the District Court of Utrecht.