Occupational disease proceedings; preparation of expert reports

In the occupational disease procedure, which is carried out by the accident insurance institutions (Berufsgenossenschaften, Unfallkassen), the occupational medical services of the labour inspectorates at the governments prepare expert opinions in which it is determined whether a connection between the occupational activity and the reported disease is probable and whether recognition as an occupational disease can be recommended.

Description

Not every illness acquired at work is an occupational disease. An occupational disease or its recognition as such is tied to certain prerequisites.

Occupational disease is therefore defined in § 9, Seventh Book of the Social Code (SBG VII): "Occupational diseases are diseases ... suffered by insured persons as a result of an activity giving rise to insurance cover (in accordance with Paragraph 2, 3 or 6, SBG VII)".

The Federal Government designates such diseases as occupational diseases "which, according to the findings of medical science, are caused by special effects to which certain groups of persons are exposed to a considerably higher degree than the rest of the population as a result of their insured activity".

The possible occupational diseases are listed in a catalogue in Annex 1 of the Occupational Diseases Ordinance; under special conditions, non-catalogued diseases can also be taken into account.

The accident insurance institutions are responsible for the determination procedures for notified occupational diseases and the corresponding investigations to assess the connection with the occupational activity in each individual case. The occupational health services are involved in the assessment procedures and issue expert opinions based on the findings of the accident insurance institutions. If necessary, the industrial physicians may also carry out additional examinations themselves, e.g. an inspection of the workplace, investigations at previous places of employment, examination of the person concerned himself/herself, or examination of further medical records. The governments (labour inspectorates) or the occupational health services are obliged to remain neutral in the procedure. The decision on whether or not to recognize an occupational disease lies with the accident insurance institutions.

It goes without saying that the knowledge gained from the investigations is also used for the general improvement of health protection at the workplace and for future prevention. As a matter of principle, the labour inspectorates are informed of occupational disease procedures conducted by the accident insurance institutions.

Remedy

Widerspruchsverfahren vor Sozialgerichtsprozess

Objection, social court action

Status: 06.08.2021

Responsible for editing: Bayerisches Staatsministerium für Familie, Arbeit und Soziales

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