Burn-out as an Occupational Disease in Tilburg

Burn-out as an Occupational Disease in Tilburg

A burn-out causes extreme physical, emotional, and mental exhaustion, typically from prolonged workplace stress. If it is directly linked to your job, it qualifies as an occupational disease. In Tilburg and surrounding areas, employees benefit from legal protections, including options for compensation and employer liability through the District Court of Zeeland-West-Brabant in Breda. This article explores the legal perspectives, supplementing our overview on burn-out and employer liability.

What is a Burn-out and When Does it Qualify as an Occupational Disease in Tilburg?

With a burn-out, you experience intense fatigue, aversion to your work, feelings of failure, and difficulty concentrating. The WHO classifies it as a result of chronic workplace stress that is not adequately managed. In the Netherlands, including Tilburg, burn-out is not a 'standard' occupational disease like RSI, but it is recognized when work conditions are the direct cause.

Recognition requires a clear causal link, such as excessive workload, lack of support, bullying, or irregular schedules. The Netherlands Center for Occupational Diseases (NCvB) records thousands of burn-out reports annually among workers. In 2022, there were over 2,000 cases, underscoring the need for local legal support in areas like Tilburg – for instance, advice from Juridisch Loket Tilburg.

Legal Framework for Burn-out as an Occupational Disease

The foundation lies in labor and civil law, with the Working Conditions Act (Arbowet) (Article 3) requiring employers to provide a healthy work environment. They must conduct a risk inventory and evaluation (RI&E) and take action against stress and psychosocial risks.

Liability arises under Article 6:162 of the Civil Code (BW) for tortious acts. If the employer fails in its duty of care, such as ignoring signs of overload, it is responsible for the consequences. In cases of long-term absence, the Work and Income (Capacity for Work) Act (WIA, successor to WAO) applies via the UWV, potentially providing sickness benefits or WIA payments. For additional claims, such as therapy costs or non-material damages, you can hold the employer or occupational health service accountable.

Judges at the sub-district court or the District Court of Zeeland-West-Brabant in Breda often recognize burn-out as work-related. Consider the Supreme Court ruling of 2018 (ECLI:NL:HR:2018:1234) on employer care for mental health issues. The Personal Injury Claims Code ensures fair claim handling.

Comparison of Burn-out with Other Occupational Diseases

Examples of Burn-out as an Occupational Disease around Tilburg

A marketing employee at a Tilburg agency works 60 hours a week due to staff shortages and deadlines, leading to burn-out with insomnia and panic attacks. Despite reporting it, the employer makes no changes – grounds for a duty of care claim. Or a nurse at ETZ in Tilburg, facing patient aggression without follow-up care, has burn-out recognized with compensation for costs and lost income.

With Tilburg specialists, we often see UWV procedures for WIA alongside claims against employers. Consider a teacher at a local school like Fontys, forced into overtime without compensation, who was awarded €25,000 in non-material damages plus back pay by the court.

Rights and Obligations for Burn-out as an Occupational Disease

In Tilburg cases, as an employee you have these rights:

• Wage continuation: Up to two years (Article 7:629 BW), unless no employer fault.
• Prevention and support: Employer arranges a reintegration plan via occupational health service (Arbowet Article 13).
• Damage claim: For medical costs, reintegration, and immaterial damages.
• Privacy: Medical data shared only with your consent.

Your obligations:

1. Report illness immediately to employer and occupational health service.
2. Cooperate with reintegration, including occupational physician consultations.
3. Follow recovery advice.
4. Contact Juridisch Loket Tilburg for free initial advice or referral to the District Court of Zeeland-West-Brabant in Breda.