Employers have a duty of care to their employees. This means they are responsible for providing a safe work environment and preventing workplace accidents. But what if an employee is injured and holds the employer liable? A recent court case shows that this is not always so simple.
Cleaner holds employer liable for injury
In a case before the Haarlem subdistrict court, a cleaner held his employer liable for a cut on his finger. The employee claimed that the injury had occurred while cleaning a grate. According to him, this grate would have been so sharp that it caused injury.
Because employers can be held liable for workplace accidents, the employee took the case to court and claimed damages. The key question in this case, however, was whether the accident had actually occurred in the course of work and whether the employer had breached its duty of care.
Judge examines case at scene
The district judge found the employee's evidentiary position problematic. There were no witnesses who could confirm that the incident had actually occurred as described. Moreover, the employee's story was not detailed enough to conclude without question that the cut was caused by the grate.
To better assess the situation, the judge decided to inspect the grating himself. During this inspection, it was found that the grating was not sharp enough to cause a cut. This was an important point in assessing the case.
Verdict: no employer liability
Based on the findings, the district judge ruled that the employer was not liable for the injury. The mere presence of a cut was insufficient evidence to conclude that it had occurred on the job due to a hazardous work environment.
As a result, the employee's claim was rejected. Because he was the losing party, he had to pay the litigation costs of €1,584 himself.
Conclusion
This case highlights how important proof is in claims surrounding employer liability. Workers who are injured must be able to prove that the accident occurred during the course of their work and that the employer breached its duty of care. For their part, employers would do well to have clear safety measures in place and carefully document incidents.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about liability. Please feel free to contact us .
April 2025
