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 an Occupational Disease
The Netherlands Centre for Occupational Diseases (NCvB) has included burn-out in the list of occupational diseases. This often arises from persistent stress in the workplace, such as:
- Excessive workload
- Limited autonomy and room for personal input
- Lack of social support from colleagues or management
- Intimidation or bullying at work
- Uncertainties regarding job or job security
Employer's Responsibility
An employer may be liable if he fails to prevent 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
Burden of Proof in Burn-out Cases
Proving liability in a burn-out case is often complex:
| Element to be proven | Complexity |
|---|---|
| Burn-out diagnosis | Medically established |
| Work as cause | Difficult, due to possible private influences |
| Employer's negligence | Evidence required, e.g., of excessive workload |
Gathering Evidence
Essential evidence for a burn-out claim includes:
- Correspondence demonstrating workload
- Overviews of extra hours worked
- Communication with supervisors or HR
- Statements from colleagues as witnesses
- Reports from the occupational physician
- Medical records and diagnoses
Compensation for Burn-out
As with other occupational diseases, in a burn-out case you can claim various types of damage:
- Loss of income during illness and thereafter
- Costs for medical care
- Expenses for therapy or rehabilitation treatments
- Compensation for non-material damage (pain and suffering)
Can I file a claim during my burn-out?
Yes, it is possible to start a claim during your burn-out. However, it is advisable to first focus on recovery. The exact damage can only be determined once it is clear how long you will be unable to work.What if personal problems also play a role?
An employer may argue that the burn-out is partly due to private circumstances. This may affect the amount of compensation, but he remains liable for the part related to work.Should I have warned my employer earlier?
It is advisable to inform your employer about complaints, but failing to do so does not relieve him of his duty of care. An employer must be alert to signs of overload himself.Frequently Asked Questions
What does burn-out and employer liability entail?
A burn-out is recognised as an occupational disease. If the employer has failed to take sufficient preventive measures, he may be held liable for the damage.
What are the legal conditions for this?
Burn-out is registered as an occupational disease with the NCvB and is often caused by prolonged stress at work.
What are my rights and obligations?
An employer must take sufficient action to prevent mental harm. This falls under his duty of care, such as addressing overload and providing support.
What are the consequences of non-compliance?
Proving liability in burn-out cases is a complex matter and requires solid evidence.
What are common mistakes?
In a burn-out case, you can claim similar compensation as in other occupational diseases.
When to seek legal advice?
It is advisable to seek legal advice in case of uncertainty about your rights, conflicts with your employer, or if you doubt the treatment provided. Early advice can prevent problems and costs and strengthen your case.
Summary
Burn-out and employer liability form a crucial part of Dutch employment law. Both employers and employees have clear obligations and rights. Non-compliance can have legal consequences.
Key Points
- Burn-out and employer liability are laid down in the Dutch Civil Code
- Employers and employees both bear responsibilities
- Breach of rules can lead to legal action
- In case of doubt, legal assistance is recommended
- Preventive measures and clear communication help avoid conflicts
Local Information: For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk. Disputes fall under the District Court of The Hague (district).