Serviceportal–Baden-Württemberg
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Procedure descriptions
Have an occupational disease diagnosed
Occupational diseases are illnesses that you suffer as a result of your work and are listed in the Occupational Diseases Ordinance.
They can be caused by various harmful effects to which you are exposed to a greater extent than the rest of the population in the course of your work. These effects can be, for example
- certain chemicals
- physical effects such as noise
- heavy loads
- Pathogens
If you suspect that your illness is work-related, it must first be clarified whether your illness can be recognised as an occupational disease. This is not possible for every illness. The list of occupational diseases can be found in Annex 1 of the Occupational Diseases Ordinance.
If you suffer from an occupational disease, you are entitled to benefits from the statutory accident insurance. These benefits include, for example
- Treatment costs
- Costs for necessary reorganisation of the workplace
- Pension
However, a pension is only paid if the injury exceeds a certain threshold (MdE). - Retraining measures
Note: If an illness is not recognised as an occupational disease, the necessary medical benefits may be provided by the health insurance and any pension benefits by the statutory pension insurance.
Responsible department
for the decision on recognition as an occupational disease: the accident insurance institutions that also have to provide compensation benefits - these are
- the industrial and agricultural employers' liability insurance associations
- the public sector accident insurance institutions
Details
Prerequisite
- The attending physician,
- the employer or
- the health insurance fund
reports your suspected occupational disease to the relevant accident insurance institution.
Note: Previously, for some of the illnesses on the list (e.g. skin, asthma and spinal diseases or tendonitis), it was a prerequisite that the activity causing the illness had been discontinued. This requirement has been removed since January 2021.
Procedure
Doctors and employers are obliged to report any suspicion of an occupational disease to the relevant accident insurance institution.
All others (e.g. affected persons, relatives of the affected person or work colleagues) have the right to report the suspicion of an occupational disease. It is advisable to ask the doctor treating you to make the report.
Via the digital service portal of the statutory accident insurance it is also possible to report a suspected occupational disease online for all the groups of people mentioned.
The accident insurance institution informs the State Industrial Medical Service at the Stuttgart Regional Council of the suspicion.
Two questions must be answered in the further procedure:
- Is there a connection between the activity and the damaging effect? Your work history is recorded for this purpose. The aim is to establish what stresses and strains you have been exposed to during your working life. This can be done by means of questionnaires sent to the companies where you were employed, but also through personal interviews or by inspecting documents. As a rule, all relevant persons (e.g. company medical service, works council, safety officers, work colleagues) shouldbe involved. You yourself can also submit a statement, which should be as detailed as possible and may include the workloads of colleagues at the same workplace. The documents relating to the work history survey form the basis for the subsequent medical report. Therefore, make sure that no false statements are made and that all information is complete. If the survey comes to the conclusion that there is no connection between the activity and the harmful effect, the procedure is terminated and you will receive a notice of rejection.
- Did the harmful exposure cause the illness? This is determined by an expert. The accident insurance institution must provide you with a choice of several medical experts. You can also propose an expert yourself. The accident insurance institution does not have to follow your suggestion. You may bring a trusted person and - if necessary - an interpreter with you to the appraisal appointment. The expert report will be sent to the responsible accident insurance institution. You will receive a copy on request. Check that all the information is complete and correct. If you discover any deficiencies, you can inform the accident insurance institution of these in writing. In addition, the accident insurance institution may also have received an expert opinion from the State Industrial Medical Service at the Stuttgart Regional Council, as industrial physicians at the Stuttgart Regional Council can comment on individual occupational diseases as medical experts. The pension committee of the accident insurance institution recognises the illness as an occupational disease or rejects your application on the basis of these documents.
Deadlines
Due to the principle of official investigation in statutory accident insurance, the initiation of an occupational disease assessment procedure is not bound by time limits. However, claims can become time-barred.
Required documents
Ask your accident insurance provider which documents you need.
Costs
As a rule, there are no costs for the insured person.
Miscellaneous
The State Trade Medical Service is part of a network of state, corporate (e.g. employers' liability insurance associations) and company organisations. You can find more information on this in the chapter"Staatlicher Gewerbeärztlicher Dienst" on the website of the Stuttgart Regional Council.
Legal basis
Berufskrankheitenverordnung
Sozialgesetzbuch Siebtes Buch (SGB VII):
- § 9 Berufskrankheit
- § 193 Pflicht zur Anzeige eines Versicherungsfalls durch die Unternehmer
- § 200 Auswahl der Gutachter
- § 202 Anzeigepflicht von Ärzten bei Berufskrankheiten
Release note
machine generated, based on the German release by: Wirtschaftsministerium Baden-Württemberg, 11.09.2024