Whether cataracts, mental illnesses or ‘just’ tension: work-related health restrictions are not uncommon. But when is it actually a legally recognized occupational disease – and which occupational diseases are the most widespread?
Scurvy – the vitamin disease of sailors – and silicosis of miners are occupational diseases that arose before the term ‘occupational disease’: Today this is legally defined – and there is even an official Occupational Disease Ordinance (BKV) with a list of legally recognized occupational diseases . The fourth version came into force in 2017, adapting the list to medical standards and findings.
Around 80 recognized occupational diseases in Germany
The BKV currently lists around 80 diseases: diseases caused by chemical or physical developments, infectious agents or parasites as well as tropical, skin, lung and abdominal diseases – including cancer, chronic bronchitis and cataracts.
Those who come into contact with dust or toxic or chemical substances at work, who squat or kneel a lot, or who are exposed to high levels of noise are considered particularly at risk.
But be careful: On the one hand, there are strict requirements for the recognition of an occupational disease, and on the other hand, according to Statista, only a fraction of the suspected cases submitted are recognized in Germany.
Burnout and other mental health disorders are not an occupational disease
In order for the sick person to be compensated with cash benefits by their accident insurance provider and supported with rehabilitation or care services, further training, retraining or other things, three criteria must be met: The illness must be included in the BKV list, the conditions for the development of the illness must be direct must be present at the sick person’s workplace and there must be a direct connection between the illness and the workplace – i.e. it must be ruled out that there is another cause for the illness.
According to paragraph nine, seventh book of the Social Security Code, only “diseases which the Federal Government has designated as occupational diseases through a legal regulation with the consent of the Bundesrat and which the insured are affected by as a result of a disease apply.” [beruflichen] Occupational illnesses are officially classified as occupational diseases. For example, mental illnesses – and thus also burnout – are not listed.
DGB Rechtsschutz GmbH writes: “Mental health disorders such as depression do not constitute an occupational illness. This also applies if the illness is due to stress in connection with professional activity.”
Noise-induced hearing loss and skin diseases are the most commonly recognized
According to Statista, skin diseases are actually recognized as occupational diseases most frequently in Germany: in the years 2009 to 2019, over 50 percent of recognized occupational diseases were various skin diseases, followed by spinal diseases at around 18 to 27 percent. Seven to 10 percent were various infectious diseases, only a small proportion were respiratory and other diseases.
The BARMER is a little more specific with information on occupational diseases: According to the statutory health insurance company, the most widespread occupational disease is currently noise-induced hearing loss, closely followed by skin diseases and asbestosis, a lung disease caused by dust containing asbestos fibers.
Anyone who thinks they are suffering from an occupational illness should first have an examination by their family doctor and inform their employer and then inform the responsible accident insurance provider. Questionnaires and further medical reports then follow in order to have the illness recognized as an occupational disease.
Editorial team finanzen.net