BK 3101

No. 3101 of the Annex to the BKV covers diseases that are transmissible from person to person (see also BK 3102). These diseases are generally covered by BK No. 3101 if they occur in insured persons who are exposed to a significantly higher risk of infection than the general population as a result of carrying out their professional activities in certain areas.

This mainly applies to staff in inpatient or outpatient medical facilities in human medicine and dentistry, in welfare care facilities and laboratories. In addition, people working in these areas for short periods of time, such as maintenance, repair or disposal, may also be affected. Activities in genetic engineering, biotechnology, wastewater and sewage treatment plants can also pose a similar risk.

The pathogens can be absorbed via the non-visibly injured (micro-lesions) or injured skin or mucous membrane (trans-, percutaneous infection as contact or smear infection), via the respiratory tract (aerogenic infection as droplet or dust infection), parenterally (puncture or cut injury) or via the digestive tract (oral infection, smear infection). As a result of ingestion of the pathogen, either local or systemic infections occur after different incubation periods, with or without the appearance of symptoms. The course of the infection involves a process in which several defense mechanisms of the immune system become effective in a way that is typical for each pathogen.

The diagnosis must be confirmed by virological, bacteriological, serological and, if necessary, type-differentiating tests, taking into account the incubation period. For all viruses with existing subtypes, it is possible - via genomic analysis of the viruses of the source of infection and the insured person - to reliably identify or exclude the source of infection. This is also possible for some bacteria by means of restriction enzyme analysis.

Important clinical pictures are:

• Viral hepatitis
  • Viral hepatitis A
  • Viral hepatitis B
  • Viral hepatitis C
  • Viral he patitisD (synonym: delta hepatitis)
  • Viral hepatitis E
  • Tuberculosis
• HIV infection/AIDS
• COVID-19
• Special case: Syphilis or other venereal infections.

COVID-19 as an occupational disease: For there to be a reasonable suspicion of the existence of an occupational disease, there must be a temporal link between exposure to the pathogen in question and the disease. The disease must develop within a period of time that is within the incubation period. In the case of inapparent diseases, the development of the relevant stage and the possible sequelae of the infectious disease should be considered. The route of transmission and the infectiousness of the pathogen must be taken into account.

Persons who are carriers without being clinically ill themselves can also be considered as a source of infection. If an intrauterine infection or damage to the health of the foetus occurs as a result of an occupationally acquired infection during the pregnancy in question, compensation for the child must be considered in accordance with § 12 SGB VII. Gregg's syndrome - rubella embryopathy - following occupational rubella infection of the pregnant woman, with or without incapacity to work, is a well-known example of this, as are infections with HAV, HBV (risk of infection up to 100%), HCV, HIV, varicella zoster and cytomegalovirus. Infectious diseases that are transmitted from animals to humans or are tropical diseases are covered under BK numbers 3102 or 3104, even if they were acquired during the above-mentioned activities.

COVID-19 infection as an occupational accident: If an infection with the corona virus leads to an illness, this can also be recognized as an occupational accident provided that the infection is attributable to the respective insured activity (employment, (high) school attendance, performance of certain honorary positions, assistance in the event of accidents, etc.) ("as a result of"). in this context, intensive contact with an infectious person ("index person") must have demonstrably taken place. According to the Robert Koch Institute (RKI), this contact must have taken place between two days before the onset of the first symptoms in the index person and 10 days after the onset of symptoms, or even later in the case of severe or persistent symptoms. Without the onset of symptoms, the contact must have taken place between two days before the sample was taken for the positive laboratory test of the index person and 10 days afterwards.

1. file:///C:/Users/Admin/Downloads/Merkblatt-3101%20(3).pdf