September 2025 | Austria | Occupational Accidents and Diseases
Mental Health in Austria’s Statutory Accident Insurance System
In recent years the topic of mental health has gained more and more attention. It is becoming increasingly common to talk openly about mental health issues. Since work is a major part of daily life, it´s no surprise that awareness of psychological well-being is also growing in the modern working world. Psychological stress, burnout or trauma in the workplace affect many employees in Austria and likely worldwide. So how is protection for mental health regulated under Austria’s statutory accident insurance system? Austria’s statutory accident insurance provides coverage against the consequences of accidents at work and occupational diseases. However, the question arises: Can mental health disorders also be classified as occupational accidents or diseases under this framework?
Accidents at work
First let’s take a look at the regulations regarding accidents at work. An accident at work is defined as an accident that occurs in terms of location, time and causality in connection with the insured employment.
An accident is generally understood as a sudden or temporaly limited event that has a harmful effect on the body from the outside. However, an exceptional strain that leads to a health issue may also qualify as an accident.
But what does “narrowly/ temporally limited” actually mean in this context?
Austria’s Supreme Court has clarified that for an incident to be considered “temporally limited,” it must occur within a single work shift. If multiple physical or psychological events (or impacts) occur happen over a longer period, then the requirement of “suddenness” is only fulfilled met if one or more of those events during a work shift clearly stand out. These must be the main cause of the injury, not just one of several similar causes and not just the last one.
n case of mental health conditions this means that events that do not cause a measurable health issue on their own, but only when considered together, are not considered an accident at work if they occur over a period longer than work shift. Cumulative strain such as ongoing stress over several days or weeks is not considered an accident at work, even if it results in a diagnosable mental health condition.
However, it is important to note that only the triggering event must occur within a single work shift. It does not matter whether the health issue appears immediately or later — what matters is that the cause happened during that shift.
Mental health conditions can be either the primary injury caused by an accident at work or just a secondary consequence.
Sometimes mental health issues are the only result of an accident at work. This can happen when a traumatic event – like a robbery, a serious threat, or another shocking incident leads to a mental health condition such as post-traumatic stress disorder (PTSD), even if there are no physical injuries.
On the other hand, mental health conditions can also be secondary effects of an accident at work. For example, if someone develops depression due to chronic pain after an accident at work, this can be recognized as a secondary consequence as long as the causal connection between the accident at work and the mental illness is clear.
Occupational diseases
Unlike an accident at work, an occupational disease usually develops slowly, often over many years. Occupational diseases are listed in Appendix 1 of the General Accident Insurance Act (ASVG). A disease can only be recognized as an occupational disease if it is included in this list or if it falls under the general clause (§177 par. 2 ASVG).
The list of occupational diseases does not include any mental health conditions. There is no disease caused by psychological stress or mental strain listed as an occupational disease.
The general clause allows recognition of diseases not listed in the official occupational disease list but only if they are caused by harmful substances or radiation at work. Therefore, mental illnesses cannot be recognized as occupational diseases under the general clause either.
Consequently, when it comes to occupational diseases, mental health conditions can only be considered as a secondary effect. This means they can only be recognized if they are the result of an acknowledged physical occupational disease.
Conclusion
Austria’s statutory accident insurance does offer protection for mental health conditions, but only under certain circumstances. While a single traumatic event may be recognized as an accident at work, long-term psychological strain is not covered. The current legal framework shows that mental health is still not fully included in Austria’s statutory accident insurance system. ●