Information - Services - Formalities by subjects - Anlagen, Waren und Stoffe - Arbeitsschutz - Occupational disease; notification in case of suspicion - Dienstleistungsportal Bayern

Description

If the existence of an occupational disease is suspected, this must be reported to the statutory accident insurance institution (Berufsgenossenschaften, Unfallkasse). If this is not known, the suspicion can also be reported to the body responsible for occupational health and safety (in Bavaria, the trade medical services of the trade supervisory offices at the governments in whose district the company of employment is located). The notification can be made informally in writing or with the aid of a form (occupational disease notification).

An occupational disease can be reported by the attending physician or the company doctor, or in principle by the insured person himself. The employer or the health insurance fund can also file a report.

As a rule, the report should be sent directly to the relevant accident insurance institution. However, if you do not know which employers' liability insurance association or accident insurance fund is responsible for your own company, you can also find out which accident insurance institution is responsible by calling the Infoline of the German Social Accident Insurance (DGUV) in Berlin on 0800 6050404. In an emergency, the report can also be sent to the most likely carrier or to the body responsible for medical occupational health and safety. It will be forwarded by them to the accident insurance institution that is actually responsible.

After receiving the notification, the competent accident insurance institution initiates an occupational disease assessment procedure, which is usually concluded with a decision. The industrial medical service of the labour inspectorate is involved in the procedure.

Prerequisites

• there are indications that an occupational disease may be present in the employee of the undertaking, or

• there is a medically justified suspicion of the existence of an occupational disease

Procedure

If possible, notify the accident insurance institution of the suspected existence of an occupational disease using the appropriate form.

On receipt of the suspicious activity report, the relevant accident insurance institution will initiate an investigation. It must be determined whether the person concerned was engaged in an insured activity. In principle, only employees are covered by statutory accident insurance. Self-employed persons (entrepreneurs, freelancers) are not subject to compulsory insurance and are therefore not entitled to benefits, unless they have taken out voluntary insurance.

Furthermore, the procedure determines whether the illness that is being reported really exists and whether this illness is a consequence of the occupational activity.

The determination is made by evaluating medical documents, questioning the insured person, investigations at the workplace, consulting scientific findings and, if necessary, medical correlation reports. The insured person is obliged to cooperate in the proceedings. If he does not comply with this obligation to cooperate, the proceedings may be discontinued without result. If the causal links have been positively established and, if necessary, other conditions under social insurance law have been met, an occupational disease may be recognised after final assessment by the pension committee.

Deadlines

• Companies: within 3 days after becoming aware of an indication (even if the deadline has already been missed, the notification should always be made)
• Doctors: without delay

Forms

• Form, Bavaria-wide: Ärztliche Anzeige bei Verdacht auf eine Berufskrankheit

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

• Form, Bavaria-wide: Anzeige er Unternehmerin/des Unternehmers bei Anhaltspunkten für eine Berufskrankheit

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Legal bases

• § 193 Siebtes Buch Sozialgesetzbuch - Gesetzliche Unfallversicherung (SGB VII) – Pflicht zur Anzeige eines Versicherungsfalls durch die Unternehmer
• § 202 Siebtes Buch Sozialgesetzbuch - Gesetzliche Unfallversicherung (SGB SGB VII) – Anzeigepflicht von Ärzten bei Berufskrankheiten

Links to more information

• Berufskrankheiten
• Spitzenverband der Deutschen Gesetzlichen Unfallversicherung (DGUV)

Related issues

• Occupational disease proceedings; preparation of expert reports