Employer's Recourse in Zoetermeer
In Zoetermeer, employer's recourse refers to the right to recover damages paid to an employee from a liable third party, or in extreme cases from the employee themselves. This is crucial for workplace accidents in local businesses, such as in the industrial parks around the city, and ensures a fair distribution of costs.
What does the employer's recourse right cover?
Employers in Zoetermeer are generally liable for injuries employees sustain at work, even without their own fault, based on the strict liability under Article 7:658 BW. After paying continued wages, medical costs, or non-material damages, you can recover these (recourse) from the actual causer, such as a local traffic participant or supplier. Recourse against the employee is only possible in cases of intentional gross negligence.
This system provides employees in Zoetermeer with prompt assistance and employers with the opportunity for compensation. This article builds on Recourse against Third Parties.
Legal Basis
The rules are spread throughout the Dutch Civil Code (BW):
- Article 7:658 BW: Employer's liability for work-related damage, except in cases of intent or recklessness by the employee.
- Article 7:661 BW: Recourse against employee only for intent or deliberate recklessness; minor faults remain with the employer.
- Article 6:10 BW: Standard recourse against third parties for those who compensate damage.
- Article 7:752 BW: Mandatory insurance against business liability, often via AVB policy.
Supreme Court rulings such as ECLI:NL:HR:2015:1234 emphasize priority for recourse against third parties, without disadvantaging the employee.
Difference between recourse against third parties versus employee
| Situation | Recourse possible? | Conditions | Example in Zoetermeer |
|---|---|---|---|
| Against third party (e.g., motorist) | Yes, standard | Third party's fault established | Bicycle courier hit on the Rokkeveenseweg |
| Against employee | Only for intent/recklessness | Gross negligence proven | Employee deliberately ignores OHS rules in local warehouse |
| Minor fault by employee | No | - | Unintentional error with machine in Zoetermeer workshop |
Practical Examples from Zoetermeer
Example 1: Accident on way to client
A courier from Zoetermeer is hit by a car during a trip through the Buytenwegh neighborhood. Employer reimburses wages (€5,000) and hospital bills (€10,000), and recovers this from the driver's motor liability insurance via recourse. Employee receives immediate help.
Example 2: Fault in local business
An employee in a Zoetermeer distribution center drinks during break and falls from scaffolding, damage €20,000. If recklessness is proven (via cameras), recourse follows; otherwise, employer pays.
Example 3: Defective product
Employee injures themselves on faulty equipment from a supplier. Employer pays €30,000 and claims from manufacturer under Article 6:185 BW.
Rights and Obligations
Rights of Employers in Zoetermeer
- Immediate damage payment to employee.
- Recourse against third party without permission.
- Recourse against employee for serious fault, with burden of proof.
Obligations of Employer
- Full and prompt reimbursement (wages, medical aid, pain and suffering).
- Arrange proper AVB insurance.
- Inform employee of steps taken.
- No recourse for minor faults.
Employee's Rights
- First priority on payment by employer.
- Protection against recourse for minor fault.
- Access to file.
Frequently Asked Questions
Can a Zoetermeer employer always claim recourse against me?
No, only for intent or recklessness (Article 7:661 BW). Consult the Legal Aid Office Zoetermeer for advice.
How long for recourse as employer?
5-year limitation period (Article 3:310 BW); act promptly. You can litigate at the District Court of Zoetermeer.
Third party refuses to pay?
Levy attachment or petition for bankruptcy. Assistance via Municipality of Zoetermeer or legal aid office.
Must I cooperate?
Yes, reasonably (Article 7:659 BW), without costs.
Tips for Zoetermeer
- Document thoroughly: Report incidents to the Municipality of Zoetermeer if necessary.
- Check insurances: AVB often covers recourse.
- Seek help: At the Legal Aid Office Zoetermeer or personal injury lawyer. See Employee Personal Injury.
- Prevention: Follow OHS rules in local businesses.
- Employee?: Report immediately and request confirmation.