Toner dust does not generally make you sick

Toner dust does not generally make you sick

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LSG Darmstadt: concrete evidence of occupational disease required

Toner dust from laser printers and copiers does not generally make you sick. If an employee wants to have his respiratory disease recognized as an occupational disease due to years of exposure to toner particles in the workplace, he must prove the occupational cause of the illness with a job-related inhalation test, the Hessian State Social Court (LSG) in Darmstadt decided on Wednesday, March 6, 2019, published judgment (Az .: L 9 U 159/15).

The 63-year-old applicant from the district of Hersfeld-Rotenburg had worked as a copier in a copy room for almost four years. He processed copy and print jobs from 5,000 to 10,000 sheets daily in a 30 square meter room. Because of respiratory complaints, he applied for recognition of an occupational disease. He attributed his complaints to the exposure to toner particles.

However, both the accident insurance institution and the LSG refused to be recognized as an occupational disease. The complainant had a disease of the nose and respiratory tract. The 63-year-old did not prove that this is due to the toner dust. The mere fact that toner dust contains allergic substances does not generally lead to health damage and recognition as an occupational disease, the LSG judged.

The plaintiff had suffered from hay fever and asthma before he worked as a multiplier. It was also not clear to what extent it was exposed to the toner dust. Because the workplace has now been redesigned. The plaintiff also refused to carry out a job-related inhalation test to prove allergic reactions. A causal connection between respiratory disease and toner dust pollution was therefore not proven, according to the LSG in its judgment of January 21, 2019.

Similarly, in 2016 the LSG Munich refused to recognize an asthma disease allegedly caused by toner dust as an occupational disease (judgment of May 24, 2016, file number: L 3 U 385/14; JurAgentur announcement of October 7, 2016). fle / mwo

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