The range of occupational diseases relating to MSDs in accordance with the Occupational Diseases Regulations (BKV)
Employees with an MSD are often unable to return to work in spite of integration and rehabilitation measures. You will find information here on whether compensation is possible under insurance law (occupational disease).
Medical rehabilitation and workplace integration after a long period of illness are in the first place for employees with MSDs as well - key term: workplace integration management (WIM). However, every year around 2000 recognised occupational diseases and regularly over 10 per cent of early retirements in connection with MSDs highlight the limits of this procedure. If a return to work is not possible, or only with restrictions, the focus is then on the compensation process.
A whole series of important and familiar causal connections between occupational effects and diseases of the musculoskeletal system they may lead to is known. These are listed in Schedule 1 of the Occupational Diseases Regulations (BKV). Primary importance is attached to occupational diseases BK2101 to BK2114 in Section 2 "Durch physikalische Einwirkungen verursachte Krankheiten" (Diseases caused by physical workloads) - see below. In addition, some occupational diseases caused by chemical effects and by working in compressed air must also be mentioned. There are certain connections to MSDs here as well - see below.
Employers can see by means of the BKV or the list of occupational diseases the the physical workloads for which initiatives for the prevention of MSDs are advisable in particular. In addition, in accordance with s. 3 of the BKV "Maßnahmen gegen Berufskrankheiten, Übergangsleistung" (Measures against occupational diseases, transitional benefit) individual prevention measures can be initiated through the accident insurance providers with which the occurrence of an occupational disease can be prevented in certain circumstances.
Essential legal sources:
The following diseases of the musculoskeletal system can be recognised as occupational diseases (insured event). However, specific mechanical effects and other preconditions must be verifiably present or satisfied:
The Medical Experts' Advisory Board "Berufskrankheiten" (Occupational diseases) (ÄSVB) is co-responsible for the inclusion of diseases in the list of occupational diseases. This is an independent advisory body that supports the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales - BMAS) in its decision-making in questions of medical science. For this purpose the advisory board inspects and assesses the status of scientific knowledge with regard to both the updating of existing occupational diseases in the Occupational Diseases Regulation (BKV) and to the inclusion of new diseases in the Regulation. Following this, the advisory board draws up recommendations and statements for the ministry on the basis of existing findings.
At present, further diseases of the musculoskeletal system in connection with high physical demands are in the "Advisory" stage in the Medical Experts' Advisory Board. This means that a preliminary review has taken place in the framework of preparing a scientific recommendation for a new occupational disease. For two diseases, this has resulted in sufficient scientific verification of a causal connection between a potentially damaging effect and the development of these diseases.
In the framework of the deliberations, the ÄSVB will now examine the general predisposition, that is, the existence of medical science finding on the fundamental causal connectivity between the potentially damaging effect and the development of this disease. Diseases of the musculoskeletal system that are in the advisory phase at present are:
If the general predisposition has been determined, the existence of a "group-specific risk increase" is examined in the next phase. Here it is determined whether persons who are exposed to the damaging effect in their insured work have a considerably higher risk of disease than the general population.
Musculoskeletal diseases can also be caused by exposure to hazardous substances. This should be noted with the following occupational diseases:
You can find more information on the subject of occupational diseases and on our current research in this field at "Publications and documents" and "Further information".