Like an occupational disease

A "Wie-BK" (like an occupational disease/quasi-occupational disease) is a disease acquired at work which is either not included in the list of occupational diseases or which does not meet certain other requirements defined in Section 9 (1) of the German Social Code VII (SGB VII).

In order to be recognized as an occupational disease, there must be new findings from medical science that prove that certain groups of people have a significantly higher risk of developing a certain health disorder as a result of their work compared to the rest of the population. The mere connection between an illness and an occupational activity is not sufficient for the illness to be recognized as an occupational disease. In any case, the requirements are met if there is a corresponding recommendation for recognition from the Medical Expert Advisory Board on Occupational Diseases. The notification of a suspected illness within the meaning of § 9 Para. 2 SGB VII requires the consent of the insured person.

Whether an illness occurs more frequently within a certain group of people in the context of the insured activity than in the rest of the population generally requires evidence of a large number of similar health impairments and long-term monitoring of the clinical pictures over time. Scientific methods and considerations must be used to justify the general suitability of certain exposures to cause a particular illness.

According to the ruling (LSG Rhineland-Palatinate, decision of 06.04.2021, ref. L 3 U 172/20), a Wie-BK does not already exist if occupational stress is likely to be the cause of the disease. The determination of a Wie-BK according to this provision depends, among other things, on the existence of the general requirements for the designation of the claimed disease as a BK according to new scientific findings. According to the court, these requirements are in any case fulfilled if a corresponding recommendation for recognition by the Medical Expert Advisory Board "Occupational Diseases" is available.

1. Experiences with the application of § 9 para. 2 SGB VII (7th field report). https://publikationen.dguv.de/widgets/pdf/download/article/3868
2. News from the law on occupational diseases. https://www.bmas.de/DE/Soziales/Gesetzliche-Unfallversicherung/Aktuelles-aus-dem-Berufskrankheitenrecht/aktuelles-aus-dem-berufskrankheitenrecht.html
3. Current consulting topics of the Medical Expert Advisory Board: www.bmas.de/DE/Soziales/Gesetzliche-Unfallversicherung/Aerztlicher-Sachverstaendigenbeirat/aerztliche-sachverstaendigenbeirat.html