Burn-out as an Occupational Disease in Rotterdam

Burn-out as an Occupational Disease in Rotterdam

In the bustling port city of Rotterdam, a burn-out – a form of total exhaustion due to prolonged work-related stress – can have serious legal consequences for employers. If the burn-out directly results from your job, it may qualify as an occupational disease, providing options for compensation through the District Court of Rotterdam. This article outlines the key rules for Rotterdam residents, building on our overview of burn-out and employer liability.

What Makes a Burn-out an Occupational Disease in Rotterdam?

Burn-out manifests as exhaustion, cynicism toward work, feelings of failure, and reduced concentration. The WHO classifies it as an outcome of unmanaged chronic workplace stress. In the Netherlands, including Rotterdam, it is not listed in the standard occupational diseases register like RSI, but it is recognized when proven work-related causes are established – such as excessive pressure in the port or at the RET.

Recognition requires a direct causal link between work factors like high workload, lack of support, bullying, or shift work and the burn-out. The NCvB registers thousands of cases annually; in 2022, over 2,000, many in dynamic sectors like Rotterdam's logistics.

Legal Frameworks for Burn-out in Rotterdam

The foundation is in labor and civil law, with the Working Conditions Act (Arbowet) Article 3 requiring employers to ensure a healthy work environment. This includes Risk Inventory & Evaluation (RI&E) for psychosocial risks, including burn-out prevention – essential in Rotterdam businesses.

Liability arises under Civil Code Article 6:162 (tort) for breaches of duty of care, such as ignoring overload signals. For prolonged absence, the Work and Income (Capacity for Work) Act (WIA) applies via the UWV, but for additional claims (e.g., pain and suffering compensation), pursue the employer or occupational health service. Rulings from the District Court of Rotterdam frequently uphold this, drawing on Supreme Court decisions like ECLI:NL:HR:2018:1234. The Personal Injury Claims Code promotes fair settlements.

Comparison of Burn-out with Other Occupational Diseases

Rotterdam Practice Examples

A logistics worker at the Port of Rotterdam Authority logs 60-hour weeks due to staff shortages and deadlines, leading to burn-out. Despite reports, no changes are made – opening the door to a duty of care claim at the District Court of Rotterdam. Or a nurse at Erasmus MC exposed to patient aggression without follow-up care, resulting in a recognized occupational disease and compensation for therapy and lost wages.

In Rotterdam offices, UWV-WIA claims often accompany lawsuits. Success story: a teacher at a Rotterdam VMBO school was required to work extra hours, causing burn-out. The subdistrict court awarded €25,000 in non-pecuniary damages plus additional payments.

Rights and Obligations for Burn-out in Rotterdam

Rotterdam residents with burn-out are entitled to:

• Wage continuation: Up to 2 years (Civil Code 7:629), if the employer is at fault.
• Prevention and support: Action plan via occupational health service (Arbowet art. 13).
• Damage claims: For medical costs, reintegration, and non-pecuniary loss.
• Privacy: Medical data shared only with consent.

Obligations include:

1. Report the illness immediately to the employer and occupational health service.
2. Cooperate in recovery, including with the company doctor.
3. Follow advice and document symptoms.
4. Consult the Legal Aid Office Rotterdam for free advice or file proceedings at the District Court of Rotterdam.

Contact the Municipality of Rotterdam for local reintegration support.