PhD defence: Compensation schemes for occupational diseases

On April 17, Marlou Overheul will defend her PhD thesis at Utrecht University, entitled: Compensation schemes for occupational diseases. An empirical-legal study on perceived justice and its relationship with tort law. 

What should be done when people get sick because of their work? This has been a topic of debate for years. In her dissertation, Marlou Overheul investigates how Dutch compensation schemes for occupational diseases are arranged. She did this through legal research and by interviewing and surveying affected people.

Marlou shows that the rules for obtaining a payment on the basis of the scheme, vary between the different schemes. While this can be explained, it also leads to inequality and uncertainty for victims. The research shows that many people feel that these differences are unfair. Moreover, each compensation scheme uses different criteria to determine whether the illness is work-related. These criteria are important, since they help victims prove that their employer is responsible.

However, they also make some people feel unfairly excluded from compensation. This is striking because these schemes are meant to treat victims fairly.

Another issue is that compensation schemes are supposed to prevent complex legal battles and civil court procedures. Yet, Marlou’s research shows that victims sometimes still desire a court procedure because they are unhappy with the payment they receive on the basis of the compensation schemes.

Marlou concludes that a better and clearer approach is needed for dealing with occupational diseases. The system should be fairer and more consistent so that, for example, people affected by chromium-6 can feel more fairly treated and more satisfied with the outcome.