Burnout as an Occupational Disease in Westland

Burnout as an Occupational Disease in Westland

In Westland, known for its intensive greenhouse horticulture and logistics, high work pressure in greenhouses or the transport sector often leads to burnout. If this exhaustion is directly work-related, it qualifies as an occupational disease, offering legal protection for employees. This creates opportunities for compensation and employer liability. This article explores the legal aspects, building on our overview of burnout and employer liability, tailored specifically for Westland residents.

What is burnout and when does it qualify as an occupational disease in Westland?

Burnout manifests as extreme fatigue, cynicism toward work, feelings of ineffectiveness, and concentration problems. The WHO defines it as a syndrome resulting from unmanaged chronic workplace stress. In the Netherlands, including Westland, burnout is not a 'standard' occupational disease like RSI, but it is recognized when caused by work conditions, such as seasonal peaks in horticulture.

Recognition requires a direct causal link, for example, from overwork in Westland greenhouses, bullying, or irregular shifts. The Netherlands Center for Occupational Diseases (NCvB) records thousands of cases annually; in 2022, there were over 2,000 reports. For Westland residents, this highlights the need for local legal support through Het Juridisch Loket Westland.

Legal basis for burnout as an occupational disease

The foundation lies in labor and civil law, with the Working Conditions Act (Arbowet) Article 3 requiring employers to ensure a safe workplace, including Risk Inventory and Evaluation (RI&E) for psychosocial risks like stress prevention in greenhouse horticulture.

Liability arises under Article 6:162 of the Dutch Civil Code (tort). If an employer fails in its duty of care, such as ignoring signs of overload, it is held accountable. For long-term absence, the Work and Income (Capacity for Work) Act (WIA) applies via the Employee Insurance Agency (UWV), but additional compensation (non-material damage) must be claimed from the employer or occupational health service. The Westland District Court frequently handles such cases, as confirmed in Supreme Court rulings (ECLI:NL:HR:2018:1234). The Claim Code for Personal Injury ensures fair handling.

Comparison between burnout and other occupational diseases

Practical examples of burnout as an occupational disease in Westland

A greenhouse horticulture worker in 's-Gravenzande works 60 hours per week due to harvest peaks and staff shortages, leading to burnout with panic attacks and insomnia. After reporting without adjustments, the employee claims breach of duty of care at the Westland District Court. Or a logistics employee at a Westland export company facing aggression without support: recognized as an occupational disease with compensation for therapy and lost income.

In Westland, UWV procedures often run alongside claims against employers. A case: a greenhouse worker pressured into extra hours without rest, resulting in burnout. The court awarded €25,000 in pain and suffering plus supplementary payments. Consult Het Juridisch Loket Westland for free advice.

Rights and obligations in cases of burnout as an occupational disease

Employees in Westland have the following rights:

• Wage continuation: Up to 2 years (Article 7:629 Dutch Civil Code), unless the employer is at fault.
• Prevention and support: Action plan via occupational health service (Working Conditions Act Article 13).
• Compensation: Medical costs, reintegration, pain and suffering.
• Privacy: Medical data only with consent.

Obligations:

1. Report illness promptly to employer and occupational health service.
2. Cooperate in reintegration with the company doctor.
3. Make reasonable efforts to recover, such as attending therapy.
4. The Municipality of Westland sometimes offers additional local support via its work plaza.

Contact Het Juridisch Loket Westland for personalized guidance.