Werkgeversaansprakelijkheid
Employer's liability
Employer's liability is the liability of the employer for damage suffered by an employee in the performance of his duties, such as injury resulting from a workplace accident.
Employer liability means that an employer may be held liable for damage suffered by an employee in the course of their employment. This is governed by Article 7:658 of the Dutch Civil Code. The employer has a duty of care to ensure the employee’s safety by taking adequate measures and issuing appropriate instructions.
Its relevance is primarily in personal injury cases, where an employee may claim compensation if the employer fails to fulfil its obligations. Liability is in principle strict, although the employer may exonerate itself by demonstrating that it has taken sufficient care.
In practice, the courts frequently examine whether the employer has implemented adequate measures to mitigate risks and whether the damage has in fact arisen within the scope of employment.
“The employee held the employer liable for the damage he suffered following a fall from an unsafe ladder in the workplace.”
Related terms
Related articles
Need legal advice?
Schedule a free consultation with one of our specialists