Employer liability

Employer liability in brief

The employer has a duty of care to provide a safe working environment. In the event of a workplace accident or an accident during working hours, the Working Conditions Act, continued payment of wages, company insurance and possible employer liability for WGA benefits all come into play together.

We map out those lines: what you need to do immediately, what documentation is needed, and what claims may arise in the short and long term.

Workplace accident: first steps

After an accident, clear steps help: first aid, reporting to the supervisor, registration in the accident register, involvement of the company doctor and, for serious incidents, possibly the Labour Inspectorate.

As an employer, this prevents disputes about what happened; as an employee, you know what rights you have to pay, reintegration and possible compensation.

Working Conditions Act and duty of care

The Working Conditions Act (Arbowet) requires employers to run a sound health-and-safety policy: a risk inventory and evaluation (RI&E), information and appropriate measures. Shortcomings can give rise to liability towards the employee or third parties.

We review policy, accident protocols and contractual arrangements with suppliers or clients when a workplace accident leads to a dispute.

Employer liability and WGA

In cases of long-term incapacity for work, the employer can be held liable for the former employee's WGA (partial disability) benefits. The threshold is high, but a claim can follow in the event of serious culpable conduct or omission.

We assess whether employer liability is realistic, negotiate with the UWV and the insurer, and litigate where necessary.

See also sick employee for continued payment of wages and reintegration.

Continued pay after a workplace accident

After an accident, the normal illness rules generally apply: continued payment of wages in the first and second year of illness, the Gatekeeper Improvement Act and reintegration. In the case of a workplace accident, the question can arise whether the employer is liable for damages beyond wages.

We advise employers on correct continued payment and employees on claims and negotiation.

Third parties and triangular relationships

On building sites, in secondment or when staff are hired in, it is often unclear who is liable: the client, the main contractor, the staffing agency or the secondment agency. The CAO and contracts shape that allocation.

We analyse contracts and the actual situation, relevant in secondment and insourcing and outsourcing.

Occupational illness and long-term exposure

Asbestos, RSI, psychological complaints from workload or noise: occupational illnesses have long timelines and a complex burden of proof. Employer, insurer and UWV often point to one another.

We guide the process of gathering medical and working-conditions evidence and negotiate compensation or benefits.

Insurance and compensation

General liability insurance, construction all-risk insurance, business liability cover and legal expenses insurance all come into play after an accident. Notifying the insurer, and its timing, are crucial; a late notification can exclude coverage.

We coordinate with the insurer and the other party and prevent you from unintentionally admitting liability in correspondence.

Dispute between employer and employee

Employees sometimes seek compensation on top of their wages; employers want to avoid liability being admitted. Mediation can help while the employment relationship still exists, or on departure.

We negotiate and litigate with a focus on a workable settlement, not a years-long process without prospects.

Prevention and compliance

Proactive advice on the risk inventory and evaluation, the accident register, instructions and personal protective equipment prevents claims. We review templates and provide guidance after an inspection or fine from the Labour Inspectorate.

Investing in prevention is cheaper than repairing the damage after a serious workplace accident.

Mobile work and travel accidents

Accidents on the way to a client, while working from home, or at a different location raise the question of whether the accident falls within working hours. We assess the facts and the contractual arrangements on travel time and workplace.

Psychological harm after an incident

After a serious accident, psychological complaints and follow-on sick leave sometimes arise. Continued payment of wages, the company doctor and possible liability then run in parallel.

We coordinate the labour-law and civil-law lines.

Training, instruction and PPE

Employers must provide instruction and make personal protective equipment available where needed. Shortcomings strengthen liability in the event of an accident; we review policy and documentation.

Crisis plan and communication

After a serious incident, staff, the works council and the media expect fast, legally sound communication. We help with templates and the timing of internal and external messages.

Role of the company doctor after an accident

The company doctor assesses incapacity for work and reintegration; medical information remains protected. We advise employers and employees on the limits of information exchange.

Legal costs and the insurer

Legal expenses insurance and business liability cover determine who litigates and who pays. We coordinate with the insurer and prevent a premature admission of liability.

Our practice in real life

Employers call us after a serious accident, a looming WGA claim, or a claim from an employee. Employees bring us in over a wage stop, a dispute about fault, or looming proceedings; we give fast clarity on the available routes.

A practical first step

Are you dealing with a workplace accident, a looming WGA claim, or a claim over occupational illness? Get in touch via contact or call +31 10 249 24 44. In urgent cases we often respond the same working day.

The employer perspective on employer liability

As an employer, you want predictable costs, manageable risks and documentation that holds up under inspection or in a dispute. We translate employer liability into concrete steps for HR, management and supervisors, with templates where that helps.

That prevents ad hoc decisions that are later challenged or lead to unnecessary proceedings.

The employee perspective on employer liability

As an employee, you want to know what you are entitled to and which steps make sense before you sign or start proceedings. We review documents, negotiate terms and guide proceedings when necessary.

Executives, professionals and skilled workers value our direct line and clear explanations, including in English.

Documentation and evidence

In employer-liability matters, email, minutes, contracts and arrangements all count, not just formal letters. We take stock of what the parties actually agreed and what burden of proof applies in negotiation or proceedings.

Strong documentation strengthens your position early in the process.

Works council, trade union and CAO

Collective rules via the works council, a trade union or CAO law can shape employer liability. We determine which procedures are mandatory and prepare advice requests or consent processes.

Mistakes in employee participation make decisions vulnerable to challenge later.

Negotiating vs litigating

Not every dispute over employer liability has to go to court. Mediation or targeted negotiation can be faster and cheaper; we give you honest advice on which route fits your goal and the relationships involved.

If proceedings are needed, we build a file that holds up before the subdistrict court or the UWV.

International and group context

International groups, holding structures and expats add secondment clauses, foreign entities and English-language contracts to the mix. We review employer liability in a group context and coordinate with foreign counsel where needed.

Due diligence and transactions

In an acquisition, merger or reorganisation, employer liability plays a role in due diligence: which claims, which contracts and which staff risks come along? We flag issues early so the purchase price and warranties are correct.

Current developments and case law

Employer liability follows new legislation and case law. We keep advice and templates up to date with the current line, so you don't rely on outdated strategies that no longer hold up in 2026.

Working with HR and advisers

HR, payroll, tax advisers, occupational health services and company doctors are often involved in employer-liability matters. We coordinate legal steps with your internal team and external advisers, one consistent line, no conflicting advice.

First step on employer liability

Do you have a specific question about employer liability? Get in touch via contact or call +31 10 249 24 44. We discuss scope and planning transparently before we start, often the same working day if the matter is urgent.

See also Sick employee and Labour law for the broader framework.

When do you need a lawyer?

In the event of a workplace accident, occupational illness, a WGA claim, a dispute over compensation, or when you want your duty of care and accident protocol reviewed.

Our approach

An overview of every angle, health and safety, wages, insurance, WGA, and one legal line toward settlement or proceedings.