To what extent does the duty of care extend in the case of workplace accidents?

In the event of a workplace accident, it is readily assumed that you, as the employer, are liable. The employee only needs to demonstrate that he sustained damage during work; you must then prove that you fulfilled your duty of care (Article 7:658 of the Dutch Civil Code), otherwise you are liable.

The reversed burden of proof

If an employee sustains damage while performing their work, the starting point is that you are liable. The employee only needs to demonstrate the damage and its connection to the work. Subsequently, the burden of proof lies with you: you must demonstrate that you fulfilled your duty of care, or that the damage was the result of intent or conscious recklessness on the part of the employee.

What does the duty of care entail?

The duty of care (Article 7:658 of the Dutch Civil Code) obliges you to take those measures and give those instructions that are reasonably necessary to prevent the employee from suffering harm. Think of safe work equipment, protective equipment, instruction, and supervision. The bar is set high: you must take into account the fact that employees do not always exercise the necessary caution.

Prove that you fulfilled your duty of care

You can avoid liability by demonstrating that you took all reasonably necessary measures. Therefore, document your safety policy, risk assessment, instructions, and supervision. Without proof of proper care, you remain liable in principle.

Almost never the employee's own fault

A plea of ​​employee fault rarely succeeds: your liability is only waived in cases of intent or conscious recklessness. Ordinary inattention on the part of the employee does not count in this regard. Therefore, invest in prevention and in good insurance.

Frequently Asked Questions

Am I always liable in the event of a workplace accident?

Not automatically, but the starting point is liability. You can avoid it by proving that you fulfilled your duty of care.

What if the employee was careless himself?

Ordinary carelessness does not cancel your liability; only intent or conscious recklessness on the part of the employee does.

How do I limit my risk?

With a sound safety policy, instruction, supervision, documentation, and appropriate liability insurance.

Cover your liability?

Our legal experts advise on employer liability and record agreements in your employment contract. View our liability lawteam or schedule a free consultation.