An occupational disease is a condition arising from working conditions. Employers can be held responsible 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 chemicals
- Burn-out due to persistent work pressure
- Skin complaints due to contact with irritating materials
Work accident versus Occupational disease
| Work accident | Occupational disease |
|---|---|
| Sudden incident | Slowly developing |
| Direct, identifiable cause | Cause often difficult to prove |
| Immediate injury | Symptoms appear gradually |
Evidence in occupational diseases
Proving an occupational disease is more complex than in a work accident:
- You must prove that the condition arose from work
- The link between work and disease is often complicated
- Expert medical reports are essential
- Registration with the NCvB can support
Employer's responsibility
An employer can be liable if:
- The employee was exposed to risks in the workplace
- Insufficient preventive measures were taken
- There is a direct link between exposure and the condition
Common conditions caused by work
- RSI and similar complaints
- Stress-related burn-out
- Hearing damage due to noise
- Diseases due to asbestos exposure
- Skin problems due to chemicals
- Lung conditions such as silicosis
How do I prove that my disease is work-related?
Collect documentation on risks in your workplace, medical records and consult an occupational and medical expert. The NCvB can help with registration.Can I file a claim for old exposure?
Yes, long-term previous exposure can also lead to liability. Note the limitation period of 5 years after discovery of the damage. For diseases such as asbestosis, damage may only occur after many years.What if my employer is no longer active?
You may be able to approach the employer's insurer. For asbestos-related diseases, the IAS offers special compensation schemes.Frequently asked questions about occupational diseases in Leiden
What does this article cover?
This article is about occupational diseases and their legal aspects. Read on for specific information about your situation.
How do I apply this information?
The content provides general guidelines. For tailored advice, consult a legal expert in Leiden.
Where can I find more help in Leiden?
Visit the Juridisch Loket Leiden at Stationsweg 46 or contact the Rechtbank Den Haag, Leiden location, for more information.
How can I get legal support?
Contact a lawyer or legal aid organization in Leiden. 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. Quick action is crucial.
Summary
This article provides insight into occupational diseases and liability. For personal advice in Leiden, you can engage a legal advisor.
Key points
- Every case involving occupational diseases is unique
- Professional legal advice is recommended
- Quick action strengthens your claim
- Document everything carefully
- Support is available in Leiden
- Protect your rights