As an employer you want to prevent your employees from being the victim of an industrial accident or suffering from an occupational illness in the future. The law expects from you, the employer, that you will do everything to prevent such accidents. However, if such an accident happens, or such an illness emerges, you will want to know what the circumstances are under which you can be held liable for them.
When, as an employee, your health has suffered damages caused by the execution of your work for your employer, you will naturally want to know when you can hold your employer liable for such damages. Sometimes an occupational illness does not manifest itself until many years have passed, which, for instance, is the case when you have worked with asbestos. On this page you can read roughly what you can do in that case.
Article 7:658, second paragraph of the Dutch Civil Code states: "The employer is liable towards his employee for any damages the employee suffers in the execution of his work, unless he proves that he has complied with the stipulations referred to in paragraph 1 or when the damages are mainly the result of intent or mindful recklessness of the employee."
In practice, the judge quickly assumes liability of the employer for the consequences of an industrial accident. Of overriding importance is whether or not the accident occurred during the execution of the work. The employer has the obligation to justify the situation and to ensure that the occupational health and safety authorities draw up an accident report as soon as possible.
In industrial accident cases the discussion often focuses on the question whether the health damage suffered was actually inflicted on the shop floor. It is also often questioned whether the health damage is a direct consequence of the accident that happened at work. These are questions of a factual nature. The facts need to be established first. In many cases the judge favours the employee in the provision of evidence, and asks the employer to prove that the claim is incorrect.
Necessary actions
If, as an employee, you are the victim of an industrial accident, it is recommended that you take at least the following actions:
- Ask your employer to have an accident report drawn up by the Occupational Health And Safety Inspection.
- Report sick if you feel that you cannot perform your job (for the time being).
- Immediately consult a physician.
- Write down the names and addresses of the people that provide medical treatment to you.
- Ask your colleagues and possible other witnesses to write down their observations of the accident.
- Ask your employer to inform his Liability Insurance Company about the accident.
- Hold your employer liable for the direct consequences of the accident and any ensuing consequences. Do this by registered letter with confirmation of receipt.
- If necessary, inform your employer by word of mouth that you will hold him liable and that you will inform him of this in writing.
- Call in expert legal assistance by a lawyer as soon as possible. Call +31 40 284 11 72 (no obligations). Or click here and complete our contact form. Include the following data in your email:
- Your name and address and the telephone number where you can be reached.
- The name and address of your company.
- Your date of birth
- Your salary data (monthly salary before taxes).
- Whether your salary payment has continued, either in full or in part, during your illness.
- Your job.
- The name and address of your employer.
- The date of the accident.
- The description of the accident.
- The names and addresses of the witnesses to the accident.
- A description of the health problems from which you suffer since the accident.
- Details about the physicians who are treating you or have treated you.
- The medical certificates signed by you personally (the number of certificates must equal the number of physicians treating you or having treated you, as specified, plus 1 from the industrial medical officer and 1 from your family doctor).
- The stance that your employer has taken so far regarding any liability.
- Be aware that your employer will also have to pay for the costs of the legal assistance if his liability is established. Also see under "Rates and Fees".
