Occupational diseases

According to the definition in Section 9 of the German Social Security Code (SGB) VII, occupational diseases are diseases that are caused by an occupational activity and which the Federal Government has designated as an occupational disease by statutory order. All diseases that are considered occupational diseases are listed in the list of occupational diseases (BK list) drawn up by the Federal Government. The list of occupational diseases is supplemented as soon as new medical findings become available. An advisory board of medical experts proposes which diseases should be added to the list - this is decided by the Federal Government and the Federal Council.

If there is an occupational disease, insured employees are entitled to compensation - as is the case after an accident at work, on the job or on the way to work. This includes, for example, medical treatment and benefits for participation in working life. Certain verification requirements and notification deadlines apply. The details are regulated in the Occupational Diseases Ordinance (BKV).

This can be caused by a wide variety of harmful effects. In particular, certain chemicals, physical effects such as pressure, vibrations or carrying heavy loads and working in noisy or dusty conditions can be considered. However, not every illness can be recognized as an occupational disease. Only those illnesses which, according to the findings of medical science, are caused by specific agents can be considered as occupational illnesses. Certain groups of people must be exposed to these effects through their work to a significantly greater degree than the rest of the population.

An occupational disease is recognized if it was caused by the harmful effects at the workplace. This must be checked by the accident insurance institutions. The following must be established for recognition:

• the insured person has one of the diseases listed in the BKV,
• the insured persons were exposed to the relevant harmful effects at their workplace,
• there is a causal link between the activity at the workplace, the exposure and the development of the disease.

Note: If a disease is not included in the list of occupational diseases, it may be recognized "as" an occupational disease. However, this is only possible in exceptional cases if new general findings of medical science are available on the causal relationship. A connection only in individual cases is not sufficient.

The most practically and quantitatively significant dermatological BK numbers are BK No. 5101 and BK No. 5103 of the BKV.

The accident insurance institution decides whether the illness is recognized or rejected as an occupational disease. The insured person is informed of the recognition or rejection of the occupational disease by written notification.

The pension committee of the accident insurance institution decides on the recognition or rejection of pensions. This committee consists of one member each from the group of employers and employees.

Note: An appeal against the decision can be lodged with the accident insurance institution within one month. The insured person must be informed of this in the decision. If the accident insurance institution's appeals committee rejects the appeal, the insured person can take legal action in the social court.