A burn-out is regarded as an occupational disease. If an employer fails to take sufficient action to prevent it, it can be held responsible for the damage suffered.
Burn-out as an Occupational Disease
A burn-out is registered as an occupational disease with the Netherlands Centre for Occupational Diseases (NCvB). This problem often arises from persistent stress in the workplace, such as:
- Excessive workload
- Limited autonomy and room for personal input
- Lack of social support
- Intimidation or bullying at work
- Uncertainties regarding position or job security
Employer's Responsibility
An employer can be held liable if it fails to take sufficient steps to avoid psychological harm. Its duty of care includes, among other things:
- Ensuring a manageable workload
- Recognising signs of overwork
- Taking action upon clear warnings
- Providing adequate assistance and support
Burden of Proof in a Burn-out Case
Proving liability in a burn-out case is often complex:
| Aspect to Prove | Complexity |
|---|---|
| Burn-out diagnosis | Medically established |
| Work as the cause | Difficult, partly due to private circumstances |
| Breach of duty of care by employer | Evidence of excessive workload required |
Gathering Evidence
Crucial evidence in a burn-out claim includes:
- Correspondence demonstrating high workload
- Documentation of overtime
- Reports to management or HR
- Statements from colleagues
- Reports from the occupational physician
- Medical records and diagnoses
Compensation for Burn-out
In a burn-out case, you can claim similar damages as in other occupational diseases, such as:
- Loss of income during and after the illness period
- Costs of medical care
- Expenses for therapy or treatment
- Pain and suffering for immaterial damage
Can I file a claim during my burn-out?
Yes, it is possible to start a claim during a burn-out. However, it is advisable to focus first on recovery. The final damage can only be determined once it is clear how long you will be unable to work.What if personal problems also play a role?
An employer may argue that the burn-out is partly due to other factors. This may affect the amount of compensation, but it remains liable for the part related to work.Should I have taken action myself earlier?
It is advisable to inform your employer about problems, but failing to do so does not relieve it of its duty of care. An employer must itself be alert to signs of overwork.Frequently Asked Questions
What does burn-out and employer liability entail?
A burn-out is recognised as an occupational disease. If the employer fails to take preventive measures, it can be held responsible for the damage.
What are the legal conditions for liability in burn-out cases?
A burn-out is listed as an occupational disease by the NCvB and is often caused by prolonged stress at work.
What are my rights and obligations in a burn-out?
An employer must take sufficient action to prevent psychological harm and has a duty of care that encompasses various aspects.
What if the rules are not complied with?
Proving liability in a burn-out case is often a challenge and requires thorough documentation.
What are common mistakes in burn-out claims?
You can claim similar damages in a burn-out case as in other occupational diseases, but the process is often complex.
When should I seek legal assistance?
It is advisable to seek legal advice in cases of uncertainty about your rights, conflicts with your employer, or if you suspect you are not being treated correctly. Early advice can prevent many problems.
Summary
Burn-out and employer liability form an essential part of Dutch employment law. Both employers and employees have clear rights and obligations, and failure to comply can have legal consequences.
Key Points
- Burn-out and liability are laid down in the Dutch Civil Code
- Rights and obligations apply to both parties
- Failure to meet obligations can lead to legal action
- Legal advice is recommended in cases of uncertainty
- Preventive measures and clear communication help avoid conflicts
Relevant Institutions in Utrecht:
District Court Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket Utrecht, Catharijnesingel 55