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Occupational disease

An occupational disease is an illness or physical condition caused wholly or largely by the working conditions an employee was exposed to during their career — such as prolonged contact with hazardous substances (asbestos, solvents, quartz dust), but also chronic complaints from repeated overload, noise-induced hearing loss or mental conditions from structural work pressure. The basis for employer liability is Article 7:658 BW, which obliges the employer to provide a safe working environment. If the employer falls short, it is liable for the resulting damage.

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Practical consequences

Employees with an occupational disease can, alongside a benefit under the Work and Income (Capacity for Work) Act (WIA), also claim civil compensation from the employer, covering loss of earning capacity, medical costs and pain and suffering (Article 6:106 BW). It is wise to seek legal advice in time, as proof of exposure becomes harder to provide after years.