Employer liability in the event of accidents in the workplace

Accidents can happen in the blink of an eye, and this also applies in the workplace. After all, all sorts of things can go wrong whilst carrying out work. For example, an employee who is exposed to hazardous substances whilst working may develop a serious illness later in life, or an employee may be involved in a road traffic accident whilst on duty. An employee may also suffer harm if, for example, they are working in a secure psychiatric clinic and are attacked by a patient there.  The question is who is liable for the employee’s loss in the cases mentioned. 

The main rule governing employer liability is set out in Article 7:658 of the Dutch Civil Code. This article imposes a broad duty of care on the employer to prevent an employee from suffering harm whilst carrying out their work. For example, the workplace and the tools used must be safe, and staff must be given adequate training (and monitored to ensure compliance). If an employee sustains an injury whilst carrying out their duties, it is up to the employer to demonstrate that they have fulfilled their duty of care. If the employer fails to fulfil this duty of care, they are liable for all damages suffered by the employee as a result of the accident.

Case law shows that the principle of good employment practices may mean that the employer is also liable for damage sustained outside the course of employment. This is the case if the accident is work-related and the employer has control over the activity, or where there is a link to the work and participation is (socially) compulsory. Take, for example, an accident during a company outing.