A burn-out is regarded as an occupational disease. If an employer fails to take sufficient action to prevent it, he can be held responsible for the damage suffered.
Burn-out as a Recognised Occupational Disease
A burn-out is registered as an occupational disease with the Netherlands Centre for Occupational Diseases (NCvB). It often arises from prolonged stress in the workplace, such as:
- Excessive workload
- Limited autonomy and control
- Lack of collegial support
- Intimidation or bullying at work
- Uncertainties regarding position or tasks
Employer's Responsibility
An employer can be liable if he fails to prevent psychological overload. His obligations include, among other things:
- Ensuring a healthy workload
- Recognising signs of overload
- Taking action upon alarm signals
- Providing adequate guidance
Proving Employer Liability for Burn-out
Proving employer liability in the case of a burn-out is often complex:
| Aspect to Prove | Challenge |
|---|---|
| Diagnosis of burn-out | Medical confirmation required |
| Work as the cause | Difficult, personal factors also play a role |
| Breach of duty of care by employer | Proof of excessive workload required |
Collecting Evidence
Crucial evidence in a burn-out claim may consist of:
- Emails demonstrating high workload
- Overtime records
- Reports to managers or HR department
- Statements from colleagues
- Reports from the occupational physician
- Medical records
Compensation for Burn-out
For a burn-out, you can claim similar compensation as for other occupational diseases, such as:
- Loss of income during the period of illness
- Costs of medical care
- Therapy and treatment costs
- Pain and suffering for immaterial damage
Can I file a claim during my burn-out?
Yes, it is possible to file a claim during a burn-out. However, it is advisable to first focus on recovery. The final damage can only be determined after establishing the duration of your work disability.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 he remains liable for the part that is work-related.Should I have taken action myself earlier?
It is advisable to inform your employer of problems, but failing to do so does not relieve him of his duty of care. Employers must themselves be alert to signals.Frequently Asked Questions about Burn-out in Leiden
What does burn-out and employer liability entail?
Burn-out is a recognised occupational disease. If an employer fails to take preventive measures, he can be held liable for the damage.
What are the legal criteria for burn-out and liability?
Burn-out is on the NCvB list of occupational diseases and is often caused by prolonged stress at work.
What are my rights and obligations?
An employer must attempt to prevent psychological harm. His duty of care includes addressing overload and providing support.
What are the consequences of non-compliance with rules?
Proving liability in burn-out cases is a challenge and requires solid evidence.
What are common mistakes?
In burn-out claims, you can demand similar compensation as for other occupational diseases.
When to seek legal help?
It is advisable to seek legal advice in case 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 specific responsibilities. Non-compliance can have legal consequences.
Key Points
- Burn-out and liability are laid down in the Dutch Civil Code
- Employers and employees both bear responsibility
- Breach of rules can lead to legal action
- Legal advice is recommended in cases of uncertainty
- Preventive measures and communication can avoid conflicts
Relevant Institutions in Leiden:
- District Court of The Hague, Leiden Location
- Juridisch Loket Leiden, Stationsweg 46