Because his knees were seriously worn out by the constant kneeling and squatting, a chimney sweep submitted an application to have his complaints recognized as an occupational disease. After the application was rejected, the man turned to the Chamber of Labor – with success.
Kneeling, squatting and getting up again: for a chimney sweep, this movement is part of everyday working life. In addition, stairs are regularly climbed with heavy weight. For a chimney sweep from the Rohrbach district, the constant strain on his knees had painful consequences. The menisci in particular were severely worn. The man therefore applied for recognition as an occupational disease. The General Social Insurance Act (ASVG) regulates what an occupational disease is and has a list of recognized occupational diseases.
Causality
In principle, the disease must have arisen while performing the work. If an occupational disease has been diagnosed, certain insurance benefits can be claimed. Such as medical treatment, rehabilitation and financial compensation.
Successful lawsuit
When the chimney sweep’s application was rejected by the AUVA, the man turned to AK Rohrbach. The legal guardians filed a lawsuit against the decision and were successful. As a social court, the Linz Regional Court found that the man’s knees were affected as a result of his professional activities and that he had an occupational disease within the meaning of the ASVG.
“Always worth it”
“The case of the chimney sweep from Rohrbach shows that it is always worthwhile to seek advice from the Chamber of Labor,” says AK President Andreas Stangl, referring to the advice offered in the AK district offices, the AK headquarters and also by telephone. mail.
Source: Krone

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