Occupational Disease (Berufskrankheit)

Concept

Alongside occupational and commuting accidents, occupational diseases are the third insured event of statutory accident insurance. Unlike an accident there is no sudden event; the damage to health arises from repeated or prolonged exposure to substances, physical agents or specific activities and often appears after a long latency period (asbestosis, noise-induced hearing loss, skin diseases). Because causation is harder to prove than for an accident, all three legal systems use a list system that presumes the occupational link for listed substance–disease combinations, plus a general clause with a higher standard of proof for unlisted diseases.

Country comparison

In Switzerland, Art. 9 para. 1 UVG recognises as occupational diseases illnesses caused exclusively or predominantly (more than 50 per cent) by the harmful substances or types of work listed in Annex 1 UVV; under the general clause of Art. 9 para. 2 UVG other illnesses are recognised if they are exclusively or strongly predominantly – at least 75 per cent according to Federal Supreme Court practice – of occupational origin. In Germany § 9 SGB VII defines the occupational disease by reference to Annex 1 of the Occupational Diseases Ordinance (the numbered BK list); § 9 para. 2 SGB VII allows recognition “like an occupational disease” where new medical knowledge would justify inclusion in the list. Austria refers in § 177 ASVG to Annex 1 of the ASVG and permits in para. 2 case-by-case recognition by the accident insurance carrier with the consent of the social affairs ministry.

Practical note

Occupational diseases are a latent-claims risk: notification, occupational-medical assessment (in Switzerland performed by Suva also for insureds of other UVG insurers) and prevention are closely linked. Benefits mirror those for accidents; the premium is borne by the employer in all three countries. Private accident insurance under AUB or VVG conditions generally excludes occupational diseases unless they are included in a supplementary UVG policy.