A burn-out is regarded as an occupational disease. If an employer fails to take sufficient action to prevent it, they can be held responsible for the damage suffered.
Burn-out as an Occupational Disease
The Netherlands Centre for Occupational Diseases (NCvB) has included burn-out on the list of occupational diseases. This is often caused by persistent stress in the workplace, such as:
- Excessive workload
- Limited autonomy and room for personal input
- Insufficient support from colleagues or supervisors
- Intimidation or bullying at work
- Uncertainty about position or future within the company
Employer's Responsibility
An employer can be held liable if they have done too little to prevent psychological overload. Their duty of care includes, among other things:
- Creating a manageable workload
- Recognising signs of stress or overload
- Taking action upon clear warnings
- Providing adequate assistance and support
Challenges in Proving Liability for Burn-out
Proving liability in the case of a burn-out is often complex:
| Aspect to be Proven | Complexity |
|---|---|
| Diagnosis of burn-out | Medical confirmation required |
| Work as the main cause | Difficult, due to possible private influences |
| Breach of duty of care by employer | Evidence required, such as of extreme workload |
Gathering Evidence
Important documents and evidence in a burn-out claim include, among others:
- Correspondence demonstrating high workload
- Overview of extra hours worked
- Communication with supervisors or HR about complaints
- Statements from colleagues as witnesses
- Reports from the occupational physician
- Medical records and diagnoses
Compensation for Burn-out
If a burn-out is recognised, you can claim similar compensation as for other occupational diseases, such as:
- Loss of income during the period of illness
- Costs for medical care
- Expenses for therapy or rehabilitation
- 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 a 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 cannot work.What if private circumstances also play a role?
The employer may argue that the burn-out is partly due to other factors. This may affect the amount of compensation, but they remain liable for the part related to work.Should I have reported stress earlier myself?
It is helpful to inform your employer about stress complaints, but failing to do so does not relieve them of their duty of care. Employers must themselves be alert to signals.Frequently Asked Questions
What does burn-out and employer liability entail?
A burn-out is recognised as an occupational disease. If the employer has been negligent in prevention, they can be held liable.
What are the legal rules surrounding burn-out?
Burn-out is on the NCvB list of occupational diseases and is often caused by prolonged work stress.
What are my rights and obligations?
Employers must try to prevent psychological harm by complying with their duty of care, such as addressing overload.
What if rules are not complied with?
Proving liability in burn-out cases is a complex process that requires evidence.
What are common mistakes?
In a burn-out claim, you can recover damages, similar to other occupational diseases.
When to seek legal assistance?
It is advisable to seek legal advice in case of uncertainty about your rights, conflicts with your employer, or if you suspect you are not being treated properly. Early advice can prevent problems. Contact the Juridisch Loket Zoetermeer for support.
Summary
Burn-out and employer liability are relevant topics within Dutch employment law. Both employers and employees have duties and rights, and failure to comply can have legal consequences.
Key Points
- Burn-out and liability fall under the Dutch Civil Code
- Rights and obligations apply to both parties
- Non-compliance can lead to legal action
- In case of doubt, legal advice is recommended, for example via the Juridisch Loket Zoetermeer
- Preventive measures and clear communication can prevent many issues