Terug naar Encyclopedie
Letselschade

Occupational Disease and Liability in Westland

An occupational disease arises from unsafe working conditions. In Westland, an employer may be liable if the duty of care has been breached. Read more about the burden of proof and your rights.

3 min leestijd

An occupational disease arises from unsafe or unhealthy working conditions. Employers in Westland may be held responsible on the basis of their duty of care.

Definition of an occupational disease

An occupational disease is a condition that is primarily caused by work situations:

  • RSI due to repetitive movements
  • Hearing problems due to exposure to loud noise
  • Respiratory complaints due to fine dust
  • Cancer due to contact with harmful chemicals
  • Stress-related burnout due to work pressure
  • Skin problems due to irritating materials

Difference between occupational disease and workplace accident

Workplace accidentOccupational disease
Sudden eventSlow development
Direct, identifiable causeCause often difficult to establish
Immediate injurySymptoms develop gradually

Proving an occupational disease

Proving an occupational disease is more complex than in the case of a workplace accident:

  • You must prove that the work is the cause
  • The connection between work and disease is not always clear
  • Expert medical reports are often required
  • Registration with the NCvB can be supportive

Employer's responsibility

An employer in Westland may be liable if:

  • The employee has been exposed to risks at the workplace
  • Insufficient preventive measures have been taken
  • There is a direct link between the exposure and the condition

Common occupational diseases in Westland

  • RSI due to repetitive work
  • Mental health complaints such as burnout
  • Hearing damage due to noisy environments
  • Diseases due to asbestos exposure
  • Skin irritations due to chemical substances
  • Lung conditions due to dust particles
How do I prove that my disease is work-related? Collect evidence of risks at your workplace, medical reports on your complaints, and consult an employment and medical expert. The NCvB can help with registration.
Can I file a claim for old exposure? Yes, liability remains possible, but note the limitation period of 5 years after discovery of the damage. For diseases such as asbestosis, damage may only occur after years.
What if my former employer no longer exists? You may be able to hold the employer's insurer liable. For asbestos-related diseases, the Instituut Asbestslachtoffers (IAS) provides financial compensation.

Frequently asked questions about occupational diseases in Westland

What does this article cover?
This article covers occupational diseases and the legal aspects of liability. Read on for specific information about your situation.

How can I use this information?
The content provides general guidelines. For tailored advice, you can contact a lawyer via the Juridisch Loket Westland.

Where can I find more help?
View other articles on this website or contact a lawyer or the Juridisch Loket Westland for support.

How do I apply for legal assistance?
Contact a legal advisor or the Juridisch Loket Westland. An initial consultation is often offered free of charge.

What are my rights in case of an occupational disease?
You can claim compensation for medical costs, lost income, and non-material damage. Prompt action is important.

Summary

This article provides insight into occupational diseases and liability. For personal advice, you can consult a lawyer via the Juridisch Loket Westland or the Rechtbank Den Haag.

Key points

  • Every case involving occupational diseases is different
  • Legal assistance is crucial
  • Prompt action strengthens your claim
  • Document everything carefully
  • Support is available via local authorities
  • Your rights deserve protection