Employer Recourse in Delft
In Delft, employer recourse refers to the right of local employers, such as those at companies around TU Delft or in the historic city center, to recover compensation paid to employees from a liable third party. In exceptional cases, this may also apply to the employee themselves in cases of serious fault. This mechanism ensures a fair allocation of work-related personal injury damages and is essential for Delft entrepreneurs.
What is employer recourse about in Delft?
Employers in Delft are generally liable for employee injuries during work, even without their own fault, based on the strict liability under Article 7:658 of the Dutch Civil Code (BW). After paying costs such as continued wages, medical expenses, or non-material damages, you as an employer can recover these amounts (recourse) from the actual wrongdoer, for example, another road user or machinery manufacturer. Recourse against the employee is rare and only possible in cases of intent or deliberate recklessness.
This system provides employees with prompt compensation and employers with recovery opportunities. This article builds on Recovery from third parties (recourse).
Legal basis
The rules are set out in various provisions of the Dutch Civil Code (BW):
- Article 7:658 BW: Employer liability for work-related damage, except in cases of employee intent or recklessness.
- Article 7:661 BW: Recourse against employee only for intent or deliberate recklessness; minor fault excludes recourse.
- Article 6:10 BW: Standard recourse against third parties from whom damages are compensated.
- Article 7:752 BW: Insurance obligation via employers' liability policy for Delft companies.
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 versus employee
| Situation | Recourse possible? | Conditions | Example in Delft |
|---|---|---|---|
| Against third party (e.g., motorist) | Yes, standard | Third-party liability established | Bike courier in Delft city center hit by car |
| Against employee themselves | Only for intent/recklessness | Serious fault proven | TU Delft employee deliberately ignores safety rules |
| Minor fault by employee | No | - | Unintentional machine error at local warehouse |
Practical examples from Delft context
Example 1: Bike accident in the city center
A courier bikes through the Markt and is hit by a motorist. The employer pays €5,000 in wages and €10,000 in medical costs, then recovers these from the motorist's liability insurer via recourse. Employee compensated promptly, employer reimbursed.
Example 2: Accident involving recklessness
A warehouse employee at a Delft company drinks on the job and falls from scaffolding (€20,000 damage). If proven via camera footage or witnesses: recourse possible. No proof? Employer bears the cost.
Example 3: Defective product
Employee injures themselves on faulty equipment from a supplier. Employer pays €30,000 and claims against the manufacturer under Article 6:185 BW.
Rights and obligations
Rights of Delft employers
- Immediate damage compensation to employee.
- Recourse against third party without employee consent.
- Recourse against employee for serious fault, with burden of proof.
Obligations of employers
- Full and prompt compensation (wages, care, pain and suffering).
- Arrange proper employers' liability insurance.
- Inform employee about steps taken.
- No recourse for minor fault.
Rights of employees
- Priority compensation from employer.
- Protection against recourse for minor fault.
- Access to the file.
Frequently asked questions
Can a Delft employer always claim recourse against me?
No, only for intent or recklessness (Article 7:661 BW). Minor fault? Employer bears it. Seek advice from Juridisch Loket Delft.
How long for recourse in Delft?
Prescription after 5 years (Article 3:310 BW), often later upon discovery. Stay alert!
Third party won't pay?
Levy attachment or initiate bankruptcy. Assistance via District Court of The Hague or Juridisch Loket Delft.
Do I have to cooperate?
Yes, reasonably (Article 7:659 BW), without costs. Contact Municipality of Delft for occupational health support.
Tips for Delft
- Document thoroughly: Incident reports for accidents in Delft workplaces.
- Check insurances: Employers' liability and absenteeism coverage for recourse.
- Expert help: Personal injury lawyer via Juridisch Loket Delft. See Employee personal injury or Corporate liability.
- Prevention first: Comply with occupational health and safety rules, relevant for TU Delft and local firms.
- Employee tip: Report immediately to employer and request confirmation.