Burnout, also known as “emotional exhaustion,” is a state of extreme psychological fatigue primarily linked to professional activity. It has been officially included in the International Classification of Diseases (ICD-11) by the World Health Organization (WHO). Although its recognition as an occupational disease is gaining traction globally, it has not yet been fully integrated into Bulgarian labor legislation as grounds for seeking compensation. This article examines the key legal aspects and challenges associated with a burnout-related lawsuit in Bulgaria.
Burnout in Bulgaria: Legal Aspects
The possibility of filing a lawsuit for burnout in Bulgaria is relatively new and underdeveloped in legal practice. However, Bulgarian law provides several legal grounds under which such cases may be examined. First, the Labor Code obligates employers to ensure safe and healthy working conditions (Article 275), and failure to comply with this duty can serve as grounds for a lawsuit. Additionally, the Health and Safety at Work Act requires employers to implement specific measures to protect the mental health of their employees.
For a successful lawsuit, substantial evidence is required. This includes medical documentation confirming the health condition, as well as proof of the working conditions that led to burnout. Witness testimony verifying excessive workload, employer pressure, or overtime work can also be crucial in determining the case outcome.
Although there are no direct burnout-related lawsuits in Bulgaria, international case law provides valuable precedents. Courts in France and Italy already recognize burnout as a legitimate basis for compensation, while Belgium and the Netherlands officially classify it as an occupational disease, allowing affected employees to receive fair compensation.
Risks and Challenges in Burnout Lawsuits
The biggest challenge in such cases is the lack of official recognition of burnout as an occupational disease in Bulgaria. This complicates the process of proving the link between the work environment and the employee’s health condition, as courts require solid medical evidence.
Additionally, psychological disorders such as burnout are difficult to objectively measure. Various factors can influence an employee’s mental state, making the assessment of evidence more subjective.
What Steps Can Be Taken to Strengthen a Burnout Case?
To improve the chances of success in a burnout-related lawsuit, it is advisable to rely on experts—doctors, psychologists, and occupational specialists—who can confirm the connection between working conditions and the employee’s health. Furthermore, referencing international case law and arguing for harmonization with European labor regulations can be significant factors in court proceedings. A favorable outcome often depends on medical expertise that substantiates the link between the work environment and the employee’s condition. Although Bulgaria lacks established legal precedent in this area, cases from other countries can serve as a valuable guide for future claims.
International Case Law
International legal practice offers insightful examples of how burnout can be recognized as an occupational disease. Some of the most notable cases come from France, where court rulings often favor employees.
In May 2024, the Paris Court of Appeal examined a case where a female employee sued her employer, claiming that she developed burnout due to harmful working conditions. The court found that the employer had failed to ensure a safe work environment and recognized the employee’s condition as an occupational disease. The ruling awarded significant compensation, including coverage for loss of work capacity and medical expenses.
Another case in France was reviewed by the Lyon Court of Appeal in September 2016. A female employee suffered from anxiety-depressive disorder caused by work-related stress, and an occupational doctor recommended preventive measures. However, the employer did not take the necessary actions. The court found gross negligence on the employer’s part and awarded the employee €13,142 in compensation.
The European Court of Justice (ECJ) also provides a precedent for protecting employees suffering from burnout. In 2020, the General Court of the European Union reviewed a case involving a former employee of the European Agency for Reconstruction, who claimed that she developed burnout due to psychological harassment in the workplace. After the institution initially rejected her claim due to late submission, the court annulled this decision, emphasizing that violating the right to be heard is a procedural error. The ruling acknowledged that the employee’s condition was directly linked to her working conditions, strengthening her legal position.
Conclusion
The success of a burnout-related lawsuit in Bulgaria primarily depends on the quality of the presented evidence. Although the lack of established case law in the country presents a challenge, the increasing international recognition of burnout as a legitimate occupational health issue sets a precedent for future claims.
If you are suffering from professional burnout and considering your legal options, the G&P Law team can provide the necessary consultation. Our lawyers and legal experts specializing in labor law will help you understand your rights and the potential legal steps you can take. Contact us to discuss your case and explore your options for protecting your labor rights.
Sources:
Legal Analysis of Occupational Health Liability
Court of Cassation Decision
European Court of Justice Ruling
EU Occupational Health and Safety Report
Understanding and Preventing Worker Burnout
New Report on European Countries Addressing Burnout
Legal Responsibility for Mental Work-Related Injuries
OSH Guidelines for Mental Health Support at Work
Burnout and Occupational Health Study
Work-Related Stress and Its Impact on Health
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