Employer's liability during company outing | Legal advice centre

Questioner

I had a company outing at work. We were going to do a boot camp, in which everyone participated. The boot camp was during work, on the premises of the company where I work. During an activity I broke my leg. Safety measures were lacking during this boot camp. I was supposed to go on holiday next week. Unfortunately I do not have cancellation insurance. Can I hold the company where I work liable for my holiday that I can no longer go on? If so, which article of the law applies to this?

Lawyer

First of all I am sorry to hear that you broke your leg. I hope you heal quickly and are back to normal soon! There is indeed a chance that your employer is liable. If an employee suffers damage during a company outing, and this outing is made mandatory by the employer or is experienced as such, then an employee can hold the employer liable for the damage suffered. The relevant articles of law are Article 7:611 BW and Article 7:658 BW. If you would like further assistance, you can contact me without any obligation. I can look further with you to see if your employer is liable. I can also map out your damage. This can go much further than just the holiday that you had to cancel. For example, you are also entitled to compensation for pain and suffering. My legal assistance is free in most cases. My first advice is that anyway. If your employer is liable, he will also have to reimburse the costs of legal assistance. This is part of your damage.

Lawyer

How awful that you broke your leg during a company outing. Case law has determined that an employer is liable for damage resulting from accidents during a company outing. Especially if safety measures were lacking! In addition to the costs of your holiday, you are also entitled to compensation for your medical costs (own risk) and you are entitled to compensation for pain and suffering. This is compensation for the pain you suffer as a result of the injury. I advise you to hold the employer liable for the damage you suffered. Most employers are insured for this damage, so it will probably be an insurance issue. In addition, I think it would be a good idea to have our medical advisor look at the injury. This is mainly to rule out problems for the future.