Medicolegal Implications and the Importance of the Medical Report

Abstract

Occupational dermatoses are among the most common occupational diseases. Their definition, however, may be a challenge for dermatologists, since it does not only imply a causation by conditions at the workplace, but, for acknowledgment by occupational insurance companies, also legal requirements dermatologists are not familiar with. In Germany, occupational diseases are legally defined in §9 Para. 1 SGB (Social Code) VII as “diseases which the Federal Government designates as occupational diseases by statutory order with the consent of the Federal Council and which the insured suffer as a result of an activity that justifies the insurance cover according to § 2, 3 or 6.” Not every disease that a dermatologist diagnoses as an occupational skin disease is therefore an occupational disease; rather, these must be listed in the statutory ordinance mentioned - the Occupational Diseases Ordinance (BKV). The most important occupational skin disease in Germany is No. 5101 BKV “Severe or repeatedly recurring skin diseases” with approximately 20,000 cases notified each year. A medical notification to the accident insurance companies is required by law, but an early notification by the “dermatologist’s report” is more important since it provides the legal basis for the “dermatologist’s procedure” which includes early dermatological treatment with “all appropriate measures” and prevention at the workplace.