Every year, three to four thousand serious industrial accidents occur in the Netherlands, in which someone is injured or dies during his or her work. In addition, approximately 4,000 cases of occupational disease are reported each year. We speak of an occupational disease as an illness that is the result of the work and the circumstances in which work is done. Occupational diseases are registered in our country by the Dutch Center for Occupational Diseases.
Examples of occupational diseases:
- Asbestosis or mesothelioma, as a result of working with asbestos
- Lung, nasal or paranasal sinus cancer, as a result of working with substances containing chromium-6
- Chronic Toxic Encephalopathy (CTE) or Organo-Psycho Syndrome (OPS), due to prolonged exposure to harmful paints and solvents
- Extreme fatigue, shortness of breath, confusion or loss of concentration, for example, as a result of working with corona patients (lung covid)
Liability employers
Employers have a duty to provide a safe working environment for their employees. If this duty of care is violated and an accident occurs, the employer is liable for the consequences. However, there must be a clear causal connection between the victim’s injury and the accident. In the case where a construction worker falls from an unsafe scaffold and suffers broken bones as a result, the causality is also not a complicated subject. The employer then pays for the damage suffered by the construction worker.
In occupational disease cases, both the determination of liability and the question of causality are more difficult than in regular occupational accidents. The health problems often arise very slowly due to the actual use of harmful substances such as chromium-6 or asbestos. To be able to assess whether the employer has violated the duty of care, you must look into the past to investigate whether the safety regulations that applied at the time were violated. This is often a lengthy and complex process.
Substance-related Occupational Diseases Allowance Scheme
The government has introduced a scheme to provide financial compensation to victims of occupational diseases. Employees who have become ill because they came into contact with asbestos, allergens or volatile solvents during work can qualify for a one-off financial compensation under the Scheme Allowance for Substance-related Occupational Diseases (TSB), which came into force on 1 January 2023. The amount of the compensation is a fixed amount of €22,839.00 for the year 2023.
The scheme is intended for three groups of victims of occupational diseases, namely for workers with the diseases:
- Lung cancer from asbestos
- Allergic occupational asthma
- Painter’s disease (OPS/CTE)
Expansion of the circle of titleholders
A number of occupational diseases are expected to be added to this list, such as lung cancer caused by welding fumes, diesel fumes, metal dust (such as chromium-6) and silica, and bladder cancer, leukemia or other blood cancers caused by solvents. The Advisory Committee on List of Occupational Diseases, appointed by the government, has advised positively on this.