AK's success

Broken knees, but only a lawsuit helped a chimney sweep

Because his knees were badly worn out due to constant kneeling and squatting, a chimney sweep applied for his complaints to be recognized as an occupational disease. After the application was rejected, the man turned to the Chamber of Labor - with success. 

Kneel down, squat down and stand up again: For a chimney sweep, this sequence of movements is part of everyday working life. In addition, they frequently climb stairs with heavy weights. 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 constitutes an occupational disease and has a list of recognized occupational diseases.

Causal connection
In principle, the illness must have arisen during the performance of work. If an occupational disease has been diagnosed, certain insurance benefits can be claimed. Such as medical treatment, rehabilitation and financial compensation. 

Successful claim
When the chimney sweep's application was rejected by the AUVA, the man turned to the AK Rohrbach. The legal protectors filed a lawsuit against the decision and were successful. The Linz Regional Court, as the social court, determined that the man's knees were affected due to his occupational activities and that an occupational disease within the meaning of the ASVG existed.

"Always worth it"
"The case of the chimney sweep from Rohrbach shows that it is always worth seeking advice from the Chamber of Labor," says AK President Andreas Stangl and refers to the advice available at the AK district offices, the AK head office as well as by telephone and email.