Despite integration and rehabilitation measures: Often, employees with MSDs are unable to return to their jobs. Whether an insurance-legal compensation (occupational disease) is possible or not – in addition you find information here.
Medical rehabilitation and integration into the workplace after a lengthy illness are also top priorities for employees with MSDs – keyword: Workplace integration management (BEM). However, around 2000 recognized occupational illnesses refer to it every year. Regularly over ten percent early retirements related to MSE on the limits of these procedures. When return to work is impossible or limited, the compensation process comes into focus.
What to do if (re)integration fails? Compensation for occupational diseases related to musculoskeletal disorders
A whole series of important and well-known causal relationships between occupational influences and the musculoskeletal disorders that can result from them are known. These are listed in Annex 1 of the Occupational Diseases Ordinance (BKV). Of primary importance are the occupational diseases BK2101 to BK2114 from section 2 "Diseases caused by physical agents" – see below. Also worth mentioning are some occupational illnesses caused by chemical exposure and by working in compressed air. Here, too, there are certain relationships to MSDs – see below.
Employers can use the BKV or. The list of occupational diseases identifies the stresses for which initiatives for the prevention of MSDs are particularly advisable. In addition, § 3 of the BKV "Measures against occupational diseases, transitional benefit" can be used to determine how long a patient will be unable to work individual preventive measures are initiated via the accident insurance institutions which may prevent the occurrence of an occupational disease. .
– Seventh Book of the Social Code (SGB VII) of 7.8.1996 (BGBl. I S. 1254 and BGBl. III 860-7), § 9 Occupational Disease – Occupational Disease Ordinance (BKV) of 30.10.1997 (BGBl. I S. 2623) and (BGBl. III 860-7-2), Annex 1 to the Occupational Diseases Ordinance (BKV)
Recognized occupational diseases of the musculoskeletal system
The following diseases of the musculoskeletal system can be recognized as occupational diseases (insured event). For this, however, certain mechanical effects as well as other prerequisites must be demonstrably present and/or. must be fulfilled:
– No. 2101 Diseases of the tendon sheaths or of the tendon gliding tie as well as of the tendon or muscle attachments which have forced to refrain from all activities which were or may be causative for the development, aggravation or resurgence of the disease – Nr. 2102 Meniscus damage after several years of continuous or frequently recurring activities that place above-average stress on the knee joints – Nr. 2103 Illnesses caused by vibration at work with pneumatic tools or tools or machines acting in the same way – Nr. 2104 Vibration-induced circulatory disorders of the hands, which forced to refrain from all activities that were or may be causative for the development, aggravation or resurgence of the disease – Nr. 2105 Chronic diseases of the bursa due to constant prere – no. 2106 Prere damage to the nerves – Nr. 2107 Avulsion fractures of the vertebral processes – Nr. 2108 Intervertebral disc diseases of the lumbar spine caused by many years of lifting or carrying heavy loads or by many years of work in an extreme trunk-bending posture, which have forced the omission of all activities that were or may be the cause of the development, aggravation or resurgence of the disease – Nr. 2109 Disc-related diseases of the cervical spine caused by many years of carrying heavy loads on the shoulder, which forced the omission of all activities that were or could be the cause of the development, aggravation or resurgence of the disease – Nr. 2110 Intervertebral disc-related diseases of the lumbar spine caused by long-term, predominantly vertical exposure to whole-body vibrations in a seated position, which have forced the omission of all activities that were or may be causative for the development, aggravation or resurgence of the disease – Nr. 2112 Gonarthrosis caused by an activity involving kneeling or comparable knee loading with a cumulative exposure time during working life of at least 13,000 hours and a minimum exposure time totaling one hour per shift – Nr. 2113 Prere damage to the median nerve in the carpal tunnel (carpal tunnel syndrome) caused by repetitive manual activities involving flexion and extension of the wrists, by increased force exerted by the hands or by hand-arm vibrations – Nr. 2114 Vascular damage of the hand caused by impulsive force (hypothenar-hammer syndrome and thenar-hammer syndrome
How do diseases become recognized occupational diseases??
The Medical Expert Advisory Board "Occupational Diseases" is responsible for the inclusion of diseases in the list of occupational diseases (aSVB) co-responsible. This is an advisory body, independent of instructions, which supports the Federal Ministry of Labor and Social Affairs (BMAS) in its decision-making in medical-scientific questions. For this purpose, the Advisory Board reviews and evaluates the state of scientific knowledge both with regard to the updating of existing occupational diseases and with regard to the inclusion of new occupational diseases in the Ordinance on Occupational Diseases. The advisory board then formulates recommendations and statements for the ministry based on existing findings.
Other diseases of the musculoskeletal system under discussion
Currently, the Medical Expert Advisory Board has other diseases of the musculoskeletal system related to high physical demands in the status of "consultation. This means that in the context of the development of a scientific recommendation for a new occupational disease, the so-called preliminary examination has taken place. For two diseases, this has provided sufficient scientific evidence for a causal relationship between a potentially harmful exposure and the development of these diseases.
As part of the consultations, the aSVB now examines the general suitability, i.e. the existence of medical-scientific findings on the fundamental causal relationship between the potentially harmful exposure and the development of the disease. The diseases of the musculoskeletal system currently in the consultation phase are:
– Osteoarthritis of the hip joint due to lifting and carrying heavy loads – Musculoskeletal disorders of the shoulder due to work above shoulder level
Once the general suitability has been established, the next step is to determine the presence of the so-called "group-typical risk increase" tested. This involves determining whether a person who is exposed to the harmful effect in his or her insured activity has a significantly higher risk of contracting the disease than the general population.