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[Late industrial damage: closed access for obtaining compensation?]
Abstract:
Working site related health risks, in particular cancer as a model of industrial latency diseases, belong to the extensively studied "environmental diseases". As much as 14 classes of chemical substances causing cancer at different localization are classified in the occupational disease compensation law of the Federal Republic of Germany. Within the recent decades the number of carcinogens identified by experimental cancer research has been enormously increasing, whereas new data in occupational oncology stagnate. In particular, the disagreement in the "social partnership" regarding the originator principle with the consequence of the liability of employers to compensate occupational diseases can be considered as the socio-political background of this stagnation. Especially investigations on cancer related to the working site often fail due to data privacy. With regard to this problem, some actual cases are listed. The mandate of medical science to gain new knowledge in the field of work related diseases for a legal assessment, as determined in the RVO section 551, chapter 1 and 2, should be refused until a new balance of protective measures in occupational medicine and data privacy will be established.
Insights
Occupational cancer research is stagnating due to data privacy concerns and disagreements over employer liability. New knowledge on work-related diseases is hindered until a balance between protective measures and data privacy is achieved.
Area of Science:
- Occupational health
- Environmental medicine
- Oncology
Context:
- Work-related health risks, particularly cancer, are classified as environmental diseases.
- Germany's occupational disease compensation law identifies 14 classes of carcinogenic substances.
- Despite increasing identification of carcinogens, occupational oncology research shows stagnation.
Purpose:
- To highlight the stagnation in occupational oncology research.
- To identify socio-political factors contributing to this stagnation, including employer liability disputes.
- To address the challenges posed by data privacy in work-related cancer investigations.
Summary:
- Research on work-related cancers faces significant hurdles, including data privacy issues and socio-political disagreements on employer liability.
- The identification of new carcinogens has surged, yet advancements in occupational oncology data remain limited.
- Current legal frameworks for assessing work-related diseases are challenged by these data privacy and liability conflicts.
Impact:
- The study suggests a temporary refusal of mandates for medical science to gain new knowledge on work-related diseases.
- A new balance between occupational medicine protective measures and data privacy is crucial for future research.
- Addressing these issues is vital for accurate legal assessments and compensation for occupational diseases.