Burnout as an Occupational Disease in Zoetermeer

Burnout as an Occupational Disease in Zoetermeer

A burnout causes extreme physical, emotional, and mental exhaustion, usually due to prolonged stress at work. If it is directly linked to your job, it qualifies as an occupational disease and provides legal protection for employees in Zoetermeer. You can claim compensation and hold your employer liable. This article explores the legal aspects, as a follow-up to our overview on burnout and employer liability, with tips for local residents.

What is a burnout and when does it qualify as an occupational disease in Zoetermeer?

With a burnout, you experience intense fatigue, cynicism about your work, feelings of failure, and difficulty concentrating. The WHO defines it as a result of chronic workplace stress that is not adequately managed. In the Netherlands, burnout is not officially listed as a 'standard' occupational disease like RSI or asbestos-related illnesses, but it is recognized when work conditions are the direct cause – relevant for many Zoetermeer residents in office jobs or the healthcare sector.

Recognition requires proof of a causal link, such as high workload, lack of support, bullying, or irregular schedules. The NCvB reports thousands of cases annually; in 2022, more than 2,000. In Zoetermeer, you can get free advice on reporting and recognition from Het Juridisch Loket Zoetermeer.

Legal framework for burnout as an occupational disease

The foundation lies in labor and civil law, with Article 3 of the Working Conditions Act (Arbowet) as the core: employers must ensure a healthy workplace through risk assessments (RI&E) and stress prevention measures. In cases of negligence, Article 6:162 of the Dutch Civil Code (BW) applies for tort liability.

Long-term absence falls under the WIA via the UWV, but for additional compensation (such as pain and suffering), you claim against the employer or occupational health service. Case law from the Rechtbank Zoetermeer or higher courts often confirms employer liability, as in Supreme Court rulings (ECLI:NL:HR:2018:1234). The Personal Injury Claims Code ensures fair claims.

Comparison of burnout with other occupational diseases

Examples of burnout as an occupational disease in Zoetermeer

An IT specialist at a Zoetermeer tech firm works 60 hours a week due to staff shortages and deadlines, leading to burnout. Despite reporting it, the boss makes no changes – potential claim for breach of duty of care. Or an employee at the Gemeente Zoetermeer facing aggression from citizens without follow-up care: recognized as an occupational disease with compensation for therapy and income loss.

Local offices often see UWV procedures alongside claims. Case: a teacher at a Zoetermeer school forced into unpaid overtime received €25,000 in pain and suffering damages plus wage supplement via the Rechtbank Zoetermeer.

Rights and obligations for burnout as an occupational disease

Employees in Zoetermeer have these rights:

• Wage continuation: Up to 2 years (Article 7:629 BW), if employer is negligent.
• Prevention and support: Action plan via occupational health service (Arbowet Article 13).
• Damage claim: Medical, reintegration, and immaterial damages.
• Privacy: Medical data only with consent.

Obligations:

1. Report the illness immediately to the employer and occupational health service.
2. Cooperate with reintegration, including the company doctor.
3. Document complaints and signals.
4. Follow advice from Het Juridisch Loket Zoetermeer for next steps.

For personalized advice, consult Het Juridisch Loket Zoetermeer or a local specialist.