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Employer Recourse in Leiden

Employers in Leiden: learn to take recourse against third parties in work injuries. Quick payouts for employees, local advice via Juridisch Loket. (118 characters)

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Employer Recourse in Leiden

In Leiden, employer recourse refers to the right of local employers to recover compensation paid to employees from a liable third party, or in exceptional cases from the employee themselves. This is crucial in work-related personal injury cases and ensures a fair distribution of costs in the region.

What does employer recourse in Leiden entail?

As an employer in Leiden, you are generally liable for injuries to your staff during work, even without fault on your part, based on the strict liability under Article 7:658 of the Dutch Civil Code (BW). After paying continued wages, medical costs, or non-pecuniary damages, you can recover these amounts (recourse) from the actual wrongdoer, such as another road user or machine manufacturer. Recourse against the employee is rare and only possible in cases of gross negligence.

This system provides employees in Leiden with prompt compensation and gives employers the opportunity to recover costs. This article builds on Recovery from Third Parties (Recourse).

Legal Basis

The rules are set out in the Dutch Civil Code (BW) and applied by the District Court of Leiden:

  • Article 7:658 BW: Employer liability for work-related personal injury, 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 are exempt.
  • Article 6:10 BW: Standard recourse against third parties from whom compensation is provided.
  • Article 7:752 BW: Insurance obligation via AVB policy for Leiden businesses.

Supreme Court rulings such as ECLI:NL:HR:2015:1234 emphasize priority for recourse against third parties without prejudicing the employee.

Difference Between Recourse Against Third Parties vs. Employee

SituationRecourse Possible?ConditionsLeiden Example
Against third party (e.g., motorist)Yes, standardThird party's fault establishedBicycle delivery worker hit in Leiden city center
Against employeeOnly for gross faultIntent or recklessness provenEmployee deliberately ignores occupational health and safety rules
Minor fault by employeeNo-Unintentional machine incident at local company

Practical Examples from Leiden

Example 1: Cycling Accident During Work
A Leiden delivery cyclist collides with a car in the city center. The employer pays wages (€5,000) and hospital bills (€10,000), then recovers these from the driver's motor third-party liability insurance. Employee compensated promptly, employer reimbursed.

Example 2: Accident Involving Reckless Employee
A warehouse worker in Leiden Industrial Area drinks during break and falls from scaffolding (€20,000 damage). If recklessness is proven (video, witnesses), recourse follows; otherwise, costs remain with employer.

Example 3: Defective Product
Employee injured by faulty machine from supplier. Employer pays €30,000 and claims from manufacturer under Article 6:185 BW.

Rights and Obligations in Leiden

Employer's Rights

  • Immediate compensation payment to employee.
  • Recourse against third party without consultation.
  • Recovery from employee for serious fault, with burden of proof.

Employer's Obligations

  1. Full and prompt compensation (wages, medical care, pain and suffering).
  2. Arrange proper AVB insurance.
  3. Inform employee about the process.
  4. No recourse for minor fault.

Employee's Rights

  • First claim against employer.
  • Protected against recourse for minor fault.
  • Access to case file.

Frequently Asked Questions for Leiden

Can a Leiden employer always recover from me?

No, only for intent or recklessness (Article 7:661 BW). Consult Juridisch Loket Leiden for advice.

How long for recourse at District Court Leiden?

Statute of limitations after 5 years (Article 3:310 BW); act promptly. Local procedures often expedite.

Third party refuses payment?

Apply for attachment or bankruptcy via District Court Leiden. Seek debt collection assistance.

Must I cooperate?

Yes, reasonably (Article 7:659 BW), without costs. Seek support from Municipality of Leiden.

Tips for Leiden Employers and Employees

  • Document thoroughly: Report accidents via local occupational health services.
  • Check insurances: AVB and absenteeism insurance for recourse coverage.
  • Expert help: Contact Juridisch Loket Leiden or a local personal injury lawyer. See Employee Personal Injury.
  • Prioritize prevention: Comply with occupational health and safety standards to avoid incidents in Leiden.
  • Employee tip: Report immediately to employer and request written confirmation.