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Key facts

Occupational diseases

Workplace and commuting accidents

  

Legal basis and definitions

Occupational diseases are illnesses which the German federal government designates as occupational diseases by means of an ordinance ("Berufskrankheiten-Verordnung", abbreviated to BKV in German), pursuant to Section 9, Sub-section 1 of the Seventh Volume of the Code of Social Law (SGB VII) with the approval of the "Bundesrat" (Germany's upper house of parliament), and which insured persons suffer as a result of performing an insured activity.

Rather than being based on social policy considerations, the question of whether an illness is included in the BKV hinges on whether medical research has shown it to be caused by special influences to which certain groups of people are subject to a considerably higher degree than the rest of the population because of their work.

Furthermore, Section 9, Sub-section 2 of SGB VII permits an illness which is not listed in the BKV to be recognised and benefits paid if new medical research findings indicate that all of the preconditions for designating the illness an occupational disease are present.

In the latter case, the illness is added to the ordinance. The Annex to the Berufskrankheiten-Verordnung (BKV) contains a list of the occupational diseases currently recognised as such. 


Reporting an occupational disease

Occupational diseases are reported to the accident insurance institutions or the federal-state bodies responsible for occupational health. These institutions and bodies inform each other immediately of diseases reported to them. Doctors, health insurance companies and employers are obliged by law to report cases in which there is a well-founded suspicion or evidence of an occupational disease. Insured persons, their relatives and other parties may also report suspected cases of an occupational disease. In this open reporting procedure, the definition of a "suspected case of an occupational disease" is purposely broad which means that possible cases of occupational diseases are frequently reported without checking whether the suspicion is well-founded, i.e. as a precaution.
This precautionary reporting of occupational diseases supports the prevention measures in that it reveals new, work-related health risks at an early stage. Consequently, the number of occupational diseases reported is much higher than the number recognised. Each reported case of a suspected occupational disease in an insured person is only counted once even if a report is filed from several parties relating to the same case. The figures do not include reports which merely point out the risk of an occupational disease occurring, reoccurring or worsening. In every reported case of a suspected occupational disease, the question of whether the reported suspicion has proven true and the illness can be recognised as an occupational disease is decided by means of an administrative act. In order for an occupational disease to be recognised as such, it must be possible to show that the hazard caused to the insured person by harmful influences stems from the insured activity. In addition, there must be a probable causal relationship between the harmful influence and the illness. Additional legal requirements, which are specified for the individual occupational disease numbers (see Annex to the Berufskrankheitenverordnung (BKV) ), also have to be met for a host of diseases. 


Provision of benefits

The fact that an illness has been recognised as an occupational disease does not necessarily mean that a pension will be paid. Three decisions are possible, as follows:

  • occupational disease is recognised, benefits are provided but no pension is paid
    The type of occupational disease and the development of the illness are such that benefits are supplied in the form of occupational or medical rehabilitation. Once rehabilitation has been completed, no permanent consequences are left over from the occupational disease and the insured person can return to work. Where curative treatment is necessary, the insured person is entitled to such treatment for an unlimited period;
  • occupational disease is recognised and a pension is paid
    Health disorders resulting from the occupational disease can still be observed in the insured person even after medical rehabilitation. They cause a reduction of 20% or more in earning capacity even after the 26th week after the onset of the illness; and
  • occupational disease is recognised but no benefits are provided
    The insured person is recognised as suffering from an occupational disease but there is no need (as yet) for treatment and no pension is paid because a measurable reduction of earning capacity has not occurred or has not occurred yet.


Selected statistics concerning occupational diseases

Statistics are recorded not only on reported and recognised occupational diseases, but also on "new pensions paid due to occupational disease" and "deaths in persons suffering from occupational disease".

A "new pension paid due to occupational disease" is a case in which, in the year concerned, an administrative act establishes a pension (or a lump sum) for insured persons or a pension (or death benefits) for surviving dependants for one of the recognised occupational diseases for the first time. The suspected case may have been reported several years beforehand. The Seventh Volume of the German Code of Social Law SGB VII specifies the prerequisites for pension payments. For instance, the insured person's earning capacity must have been reduced by at least 20% beyond the 26th week after the onset of the illness in order for them to be entitled to a pension.

"Deaths in persons suffering from occupational disease" are cases in which it is assumed that the occupational disease was the sole cause or at least a significant cause of death (e.g. often after several years of the insured person receiving a pension).

The following tables and charts are from the latest "Bericht über Sicherheit und Gesundheit bei der Arbeit" (Report on Safety and Health at Work):

  • Occupational diseases since 1960: table
  • Reported suspected cases of occupational disease since 1960: chart
  • Comparison of incidence rates of selected occupational diseases (reported cases and new pension cases) since 1960: table

For more evaluations, please consult the "Sicherheit und Gesundheit bei der Arbeit 2005"  (Safety and Health at Work 2003) report.


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Legal basis and definitions

Section 8, Sub-section 1 of Volume VII of Germany's Code of Social Law (SGB VII) states that an occupational accident is an accident which happens to an insured person whilst performing the activity for which he or she is insured.A complete list of the persons who are insured by law can be found in Section 2 of SGB VII . Under certain conditions, the group of insured persons can be increased by extending the insurance obligation by means of a bylaw (Section 3 of SGB VII ) or by the persons concerned taking out insurance voluntarily (Section 6 of SGB VII ).

A commuting accident is any accident which happens to an insured person on the way to or from the place where the insured activity occurs. Such accidents are predominantly road accidents, in fact they account for more than half. Section 8, Sub-section 2 of SGB VII accords commuting accidents the same status as occupational accidents.


Duty to report accidents

In accordance with Section 193 of Volume VII of Germany's Code of Social Law (SGB VII) , the employer has a duty to report an occupational or commuting accident if the employee involved is unable to work for more than three calendar days or if the employee involved dies. The report must be submitted to the relevant accident insurance institution within three calendar days of the accident happening. Accident-report forms and other forms can be downloaded from the Formtexte section of the accident insurance institutions' websites. 


Provision of benefits

If an insured person has an occupational or commuting accident, he or she is entitled to curative treatment and medical as well as occupational rehabilitation.
If, when the treatment/rehabilitation has ended, the insured person's earning capacity remains impaired, he or she is entitled to an injury pension if the reduction of earning capacity is at least 20%.
If the accident results in the death of the insured person, his or her surviving dependants are entitled to death benefits and a surviving dependants' pension.


Selected statistics on occupational and commuting accidents

Statistics are recorded not only on reportable occupational and commuting accidents, but also on "new pensions paid due to occupational and commuting accidents".

A "new accident pension" is a case in which, in the year concerned, an administrative act establishes a pension (or a lump sum) for insured persons or a pension (or death benefits) for surviving dependants for one of the occupational or commuting accidents for the first time. The Seventh Volume of the German Code of Social Law (SGB VII) specifies the prerequisites for pension payments. For instance, the insured person's earning capacity must have been reduced by at least 20% beyond the 26th week after the accident in order for them to be entitled to a pension.

Occupational and commuting accidents are recorded as "fatal occupational accidents" in the statistics if death occurs immediately or within 30 days of the accident occurring.

The following tables and charts are from the latest "Bericht über Sicherheit und Gesundheit bei der Arbeit" (Report on Safety and Health at Work):

  • Occupational accident rates since 1960:
    table - chart
  • Fatal occupational accident rates since 1960:
    chart
  • Reportable commuting accidents and new pension cases resulting from commuting accidents plus incidence per 1,000 insured persons since 1960:table
  • Commuting accident rates since 1960:chart

For more evaluations, please consult the "Sicherheit und Gesundheit bei der Arbeit 2005" (Safety and Health at Work 2005) report.


Related links