Employer Liability: What to Do?

Questioner

Dear Sir/Madam, I would like to ask you if my employer can be held liable. This is the case. I work in the catering industry as a waitress. The rules are that I have to put my mobile phone upstairs. I am not allowed to use the telephone of the catering establishment, so if I have to go home in the evening, I have to call to ask if my parents will pick me up. Now it so happens that I put my bag, which contains my telephone, in the designated place. When I went upstairs later during my break to get my bag, my bag was on the floor and there was a crack in the screen of my telephone. I asked the employees present at the time if anyone knew how my bag ended up on the floor or if someone had accidentally dropped my bag. No one responded to this. I asked my boss how to deal with this. My boss indicates that he is not insured for this, so now I am stuck with a broken telephone. What should I do? Can my boss hide behind the fact that he is not insured? I would like to hear from you.

Lawyer

Dear Madam/Sir, Damage suffered by an employee in the performance of work is in principle eligible for compensation. The burden of proof that the damage is work-related lies with the employee. That could be difficult in this case. The employer cannot hide behind the fact that he is not insured.