Burnout as an Occupational Disease in Delft

Burnout as an Occupational Disease in Delft

A burnout causes extreme physical, emotional, and mental exhaustion due to prolonged work-related stress. If it is directly linked to your job, it qualifies as an occupational disease and provides legal protections for Delft residents, including compensation claims against the employer. This article explores the legal perspectives specifically for Delft residents, building on our overview of burnout and employer liability. Local resources like Juridisch Loket Delft offer free advice.

What is a burnout and when does it qualify as an occupational disease in Delft?

Burnout manifests as exhaustion, cynicism toward work, feelings of ineffectiveness, and concentration problems. The WHO classifies it as a result of unmanaged chronic workplace stress. In the Netherlands—and thus for Delft residents—burnout is not a standard occupational disease like RSI, but it is recognized as work-related when a causal link to working conditions is proven.

Recognition requires demonstrable connections to factors such as high workload, lack of support, workplace bullying, or irregular schedules—common among TU Delft staff or high-tech companies in Delft. The Netherlands Center for Occupational Diseases (NCvB) records thousands of cases annually; in 2022, there were over 2,000 reports, underscoring the need for local protections through bodies like the District Court of The Hague.

Legal frameworks for burnout as an occupational disease around Delft

The foundation lies in labor and civil law, with the Working Conditions Act (Arbowet) Article 3 requiring employers to ensure a healthy work environment. They must conduct a Risk Inventory and Evaluation (RI&E) and address psychosocial risks, such as stress prevention—relevant for Delft municipal employees or university staff.

Liability arises under Dutch Civil Code (BW) Article 6:162 (unlawful act) for failure to meet the duty of care, e.g., ignoring signs of overload. For long-term absence, the Work and Income (Capacity for Work) Act (WIA) applies via the Employee Insurance Agency (UWV), with additional claims for personal injury against the employer or occupational health service. The District Court of The Hague handles many Delft cases; see the Supreme Court ruling 2018 (ECLI:NL:HR:2018:1234) on employer responsibility for mental health issues. The Personal Injury Claims Code ensures fair settlements.

Comparison of burnout with other occupational diseases

Delft practice examples of burnout as an occupational disease

A TU Delft researcher works 60 hours a week due to project deadlines and staff shortages. After sleepless nights and a burnout diagnosis from the GP, the employer makes no adjustments. The employee can claim breach of duty of care at the District Court of The Hague. Or a municipal employee at Gemeente Delft facing aggressive situations without follow-up care: recognized as an occupational disease with compensation for therapy and income loss.

Delft law firms frequently handle UWV-WIA applications alongside claims. Case: a TU Delft lecturer pressured into extra unpaid hours developed burnout. The court awarded €25,000 in pain and suffering plus wage supplements.

Rights and obligations for burnout as an occupational disease in Delft

Delft residents have these rights:

• Wage continuation: Up to 2 years (BW 7:629), if employer is at fault.
• Prevention and support: Action plan via occupational health service (Arbowet art. 13).
• Damage claim: Medical costs, reintegration, and pain and suffering.
• Privacy: Medical data only with consent.

Employee obligations:

1. Report illness immediately to employer and occupational health service.
2. Cooperate in reintegration with occupational physician.
3. Follow recovery advice.

For Delft support: contact Juridisch Loket Delft or check Gemeente Delft for work stress programs.