Occupational accidents & employers’ liability

The employer has a duty to ensure the safety in the working environment. If this is violated and the employee is injured while working, the employer may be liable.

Strict duty of care

The employer has a broad duty of care regarding the working environment. For example, the employer must ensure that the workplace, machines and equipment are safe and must provide protective devices. The employer must also give instructions and take measures to prevent employees from being injured at work, and he must ensure that these are observed. If the employer’s measures are not adequate and an employee is injured, the employer is liable.

Limitations on the duty of care

However, there are limits on the duty of care. In one example, there was a case in which a catering employee cut her hand while she was working. As this work was not very different to one commonly occurring at home, and it is well-known that the knife for cutting rolls is sharp, the employer was not held liable.

Do you have a question about employer liability?

The employment law team will be glad to assist you; please contact us to discuss your needs.

You may also enjoy these articles

Voluntary departure scheme
aansprakelijk voor burn-out?
Loon doorbetalen na schorsing?
vrije advocaatkeuze
Adapt or die - finding agility
Fired on the spot
Slapend dienstverband en pensioen
Back to work - slow restart
Coronavirus - shorter work times allowed
startende ondernemer