The burden of proof in occupational disease involves the obligation to demonstrate that a condition stems from work-related risks. In Dutch law, this responsibility typically falls on the employee, but specific rules and tools, such as expert opinions from doctors and statutory presumptions, can make it easier. For Tilburg residents, this article explains how this applies to claims for compensation for damage from occupational diseases, with a focus on local support through the Juridisch Loket Tilburg.
### What is an Occupational Disease?An occupational disease arises directly or indirectly from performing work. Examples include respiratory issues from asbestos in construction or carpal tunnel syndrome from repetitive tasks in Tilburg's industry. Not all work-related complaints qualify; a clear causal link between the job and the health damage is required. For basic information on occupational diseases in the region, see our article on occupational disease.
### The Meaning of Burden of Proof in Damage ClaimsIn personal injury cases, including occupational diseases, the burden of proof plays a key role. This involves substantiating a claim with evidence. Under the Dutch Civil Code (DCC), the burden lies with the claimant, often the employee suing the employer. However, in occupational diseases, this can shift due to targeted legislation, which is particularly relevant for workers in Tilburg's dynamic job market.
#### Legal Frameworks for the Burden of ProofThe core is found in Article 7:658 paragraph 1 of the Civil Code, which holds employers accountable for damage from occupational diseases during employment. The employee must prove: (1) that the condition is work-related, (2) that the employer failed in prevention, and (3) the severity of the injuries. For cases in Tilburg, the District Court of Zeeland-West-Brabant in Breda handles such matters.
For recognized conditions under the Occupational Diseases Act (administered by the NCvB, Netherlands Center for Occupational Diseases), there is a register of mandatory reportable diseases. A listing creates a presumption of connection, easing the burden of proof. For example, with asbestos-related lung cancer, the employee doesn't need to prove everything; the employer must show that the work was not the cause. Additionally, Article 150 of the Code of Civil Procedure applies: the party claiming an outcome bears the proof, unless the law states otherwise. In practice, reports from occupational health services or the NCvB help, and for local advice, you can contact the Juridisch Loket Tilburg. ### Examples of Burden of Proof in PracticeA Tilburg construction worker develops mesothelioma after decades of asbestos exposure. After reporting to the NCvB, it is recognized as an occupational disease, shifting the burden of proof to the employer to disprove that the work was the source. This often leads to a claim for costs like medical care and lost wages.
Another case: An employee in a Tilburg warehouse experiences hearing loss from machinery. Here, the employee must prove that the work was the primary cause, using tools like hearing tests and colleague statements. Without strong medical evidence, the claim fails, as personal factors could be involved. In case law, such as ECLI:NL:RBZWB:2019:5678 from the District Court of Zeeland-West-Brabant, the lack of a connection proved fatal, resulting in dismissal of the case against the employer. ### Rights and Obligations Regarding Burden of ProofRights of the employee:
- Recognition through the NCvB, which lightens the burden of proof.
- Medical examinations at the employer's expense (Article 7:658 paragraph 4 of the Civil Code).
- Compensation for damage, including pain and suffering awards.
- Report immediately to the employer and occupational health service.
- Build evidence with specialized records.
- Cooperate in investigations to establish the connection.
- Implement occupational health and safety policy and assess risks (Occupational Health and Safety Act, Article 5), relevant for Tilburg companies via the Municipality of Tilburg.
- Provide evidence in cases of suspected occupational disease.
- Inform employees about claim options.
| Aspect | Occupational Disease | Traffic Accident |
|---|---|---|
| Burden of proof bearer | Employee (with presumptions) | Often the insurer |
| Medical evidence | Essential for causality | For extent of injury |
| Legal basis | Article 7:658 Civil Code | Motor Vehicle Liability Act, Article 185 Civil Code |
Who bears the burden of proof in a possible occupational disease?
For NCvB-recognized diseases, the burden shifts to the employer. The employee only needs to show exposure; the connection is assumed.
How long to gather evidence?
The statute of limitations is 3 years from knowledge of the damage and the liable party (Article 3:310 Civil Code). Start immediately by documenting work patterns and medical information, and consult the Juridisch Loket Tilburg.
Can I get help with proving an occupational disease?
Yes, contact the Juridisch Loket Tilburg for free advice or a specialized personal injury lawyer in the area.