A burn-out is regarded as an occupational disease. If an employer fails to take sufficient action to prevent it, he may 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 persistent stress in the workplace, for example due to:
- Excessive workload
- Limited autonomy and control
- Insufficient support from colleagues or management
- Intimidation or bullying at work
- Uncertainties regarding position or job security
Employer's Responsibility
An employer may be liable if he fails to take sufficient preventive measures against mental harm. His duty of care includes, among other things:
- Ensuring a manageable workload
- Recognising signs of overload
- Taking action upon alarm signals
- Providing adequate guidance
Challenges in Proving Burn-out
Proving liability in a burn-out case is often complex:
| Aspect to be Proven | Degree of Difficulty |
|---|---|
| Diagnosis of burn-out | Medical confirmation required |
| Work as the cause | Difficult, due to possible private influences |
| Breach of duty of care by employer | Proof of excessive workload required |
Gathering Evidence
Crucial evidence in a burn-out case may consist of:
- Correspondence demonstrating workload
- Documentation of extra hours worked
- Reports made to management or HR
- Statements from colleagues as witnesses
- Reports from the occupational physician
- Medical records and reports
Compensation for Burn-out
If a burn-out is recognised, you can claim similar damages as in other occupational diseases, such as:
- Loss of income during the period of illness
- Costs for medical care
- Expenses for therapy or treatments
- Compensation for non-material damage (pain and suffering)
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 insight into the duration of the absence.What if private circumstances 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 liability for the work-related part remains possible.Should I have taken action myself earlier?
It is advisable to report signals to your employer, but failing to do so does not relieve the employer of his duty to act proactively and recognise signals.Frequently Asked Questions about Burn-out in Westland
What does burn-out and employer liability entail?
A burn-out is recognised as an occupational disease. If the employer fails to take preventive steps, he may be liable for the damage.
What are the legal conditions for this?
A burn-out is listed as an occupational disease with the NCvB and is often caused by prolonged work-related stress factors.
What are my rights and obligations?
An employer must take preventive measures against mental harm. This includes monitoring workload and providing support.
What if the rules are not complied with?
Proving liability in a burn-out case is a complex process that requires careful documentation.
What are common mistakes?
Burn-out damage claims often include loss of income, medical costs and pain and suffering, but are not always filed correctly.
When to seek legal advice?
It is recommended to seek legal advice in case of uncertainties about rights, conflicts with employers, or if you feel you are not being treated correctly. Early advice can prevent problems. Contact the Juridisch Loket Westland for support.
Summary
Burn-out and employer liability form an essential part of Dutch employment law. Both employers and employees have clear responsibilities. Non-compliance can have legal consequences.
Key Points
- Burn-out and liability are laid down in the Dutch Civil Code
- Rights and obligations apply to both parties
- Breaches can lead to legal action
- Legal advice is crucial in case of uncertainty
- Preventive measures and communication help avoid conflicts