Liability in the event of an accident at work | Legal Advice Centre
Questioner
In October I fell at work, tore my ankle ligaments and then my manager decided to send me to the emergency room. As a result, I received a bill from the health insurance company for over €200 due to my deductible, in addition I also had costs from the physiotherapist of €160 and my holiday could not go ahead and I did not get this reimbursed by my cancellation insurance. Now my work says that they are not liable because it was not an industrial accident, because I sprained my ankle on the stairs and they are therefore not liable. Now my question is, is this true? Or do they have to compensate something?Lawyer
If you have 'twisted' the question arises as to what the reason was? If you have twisted because your employer has not taken the necessary measures, then they are liable for your injury. If the bruise has nothing to do with work, then you are responsible for the damage yourself. If you have any questions, please ask.Lawyer
From your story I gather that you fell while performing your work and tore your ankle ligaments. You are now faced with costs and your employer claims not to be liable. According to your employer you sprained your ankle and this is not an industrial accident. Your employer's position is incorrect. Article 7:658 paragraph 2 of the Dutch Civil Code stipulates that the employer is liable to the employee for the damage suffered by the employee in the performance of his duties. And this is the case in your case. Your employer is not liable if he can demonstrate that the duty of care referred to in Article 7:658 paragraph 1 of the Dutch Civil Code has been fulfilled or if the damage is largely the result of intent or deliberate recklessness on your part. In other words: your employer is in principle liable. Does your employer claim not to be liable? Then your employer must prove that he has fulfilled his duty of care or that the accident was the result of intent or deliberate recklessness.Neem de volgende stap
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