As an occupational disease

If the Federal Ministry has not yet updated the Annex to the BKV, although it has already been medically and scientifically clarified that all requirements are met to include a disease in the list of occupational diseases, the statutory accident insurance institutions (accident insurance institutions) must recognize it "as an occupational disease". The application of Section 9 (2) SGB VII in individual cases always presupposes that the legislator could also generally include the disease in the list of occupational diseases. The provision is not a hardship clause. It is not sufficient to prove for the individual case that the insured activity caused the illness of the person concerned.

Whether an illness is recognized as an occupational disease (§ 9 Para. 1 SGB VII) or "as an occupational disease" (§ 9 Para. 2 SGB VII) has no effect on the insured person's entitlement to benefits. All benefits provided for in SGB VII can also be claimed in the case of "like occupational diseases".

Recognition is always limited to the individual case. It is not binding for similar cases, not for the accident insurance institution that has recognized it, and certainly not for others. However, the accident insurance institutions strive for uniform handling. The German Social Accident Insurance (DGUV), the umbrella organization of the German Social Accident Insurance Institutions for the industrial sector and the public sector, has set up an office that documents recognitions in accordance with Section 9 (2) SGB VII, provides information about them and publishes "Experience reports on the application of Section 9 (2) SGB VII" at regular intervals.

1. Skudlik C et al. (2018) In: Braun-Falco`s Dermatology, Venereology and Allergology Plewig G et al. (ed.). Springer Nature S 537-547