International comparison of legal aspects of worker compensation for occupational contact dermatitis

Abstract

In a European textbook on contact dermatitis a chapter on legal aspects is entirely appropriate. In many cases an occupational cause is suspected and proven after careful diagnostic procedures. A number of questions then arise that are handled in different ways in different European countries. Faced with the modern enlarged European Union, with its expected labor migration, the occupational physician needs to know and understand the essential differences between the legislation for occupational contact dermatitis in the major countries. This chapter is largely based upon the feedback from questionnaires sent to members of the European Environmental and Contact Dermatitis Research Group (EECDRG) and other colleagues that are experienced in this field. The underlying concept of handling a case of occupational contact dermatitis in Germany and various other (mainly European) countries, and the probable outcomes for three typical cases are described. Fifteen questions were asked about various aspects of such cases (including institutions involved, report forms, requirements for recognition, retraining, and pension). Due to the nomenclature and country-specific legal rules, it often proved difficult for responders to answer these questions and to make clear statements. Nevertheless, some major differences became apparent. In the following, the authors have tried to characterize the principle legal characteristics in the various countries. Frequent comparisons are made with the German system; this is only for ease of understanding, and definitely not with any intention of suggesting that this should be regarded as the "standard." In the years to come it will probably be necessary to create more uniform joint legislation in this area, in order to avoid socially unjust decisions.