Employer Recourse in Westland
In Westland, employer recourse refers to the right of local employers, such as those in greenhouse horticulture or transport, to recover compensation paid to employees from a liable third party or, exceptionally, from the employee themselves. This is crucial in workplace accidents and ensures a fair allocation of costs in our region.
What does employer recourse mean in Westland?
As an employer in Westland, you are generally liable for employee injuries at the workplace, even without fault on your part, under the strict liability provision of Article 7:658 BW. After covering costs such as continued wages, medical expenses, or non-material damage, you can recover these (recourse) from the actual party at fault, for example, another road user on Westland roads or a machinery manufacturer. Recourse against the employee is rare and only possible in cases of gross negligence.
This system provides employees with prompt assistance and employers with recovery options. 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 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 liable third parties.
- Article 7:752 BW: Mandatory business liability insurance, often AVB for Westland companies.
Supreme Court rulings, such as ECLI:NL:HR:2015:1234, emphasize priority of recourse against third parties, with employee protection.
Difference Between Recourse Against Third Parties vs. Employee
| Situation | Recourse Possible? | Conditions | Example in Westland |
|---|---|---|---|
| Against third party (e.g., motorist) | Yes, standard | Third party's fault established | Greenhouse worker hit by truck on N213 |
| Against employee | Only for intent/recklessness | Gross negligence proven | Employee ignores safety rules in greenhouse |
| Employee's minor fault | No | - | Unintentional machine error in horticultural greenhouse |
Practical Examples from Westland
Example 1: Traffic Accident During Work
A bicycle courier in 's-Gravenzande is hit by a car. The employer pays wages (€5,000) and care costs (€10,000), then recovers these from the driver's motor vehicle liability insurer. The employee receives immediate benefits.
Example 2: Accident Due to Employee Fault
A warehouse employee at a Westland distribution center drinks alcohol and falls from scaffolding, causing €20,000 in damage. If recklessness is proven (video, witnesses), recourse follows; otherwise, the employer bears it.
Example 3: Defective Product
An employee injures themselves on faulty greenhouse equipment from a supplier. The employer pays out €30,000 and claims against the manufacturer under Article 6:185 BW.
Rights and Obligations
Rights of Employers in Westland
- Pay damages promptly (social safety net).
- Recourse against third parties without employee consent.
- Recourse against employee for serious fault, with proof required.
Obligations of Employers
- Provide full and prompt compensation (wages, medical care, pain and suffering).
- Arrange proper AVB insurance.
- Inform employee about the process.
- No recourse for minor fault.
Rights of Employees
- Priority claim against employer for benefits.
- Protection against recourse for minor errors.
- Access to case file.
Frequently Asked Questions
Can an employer in Westland always take recourse against me?
No, only for intent or recklessness (Article 7:661 BW). Contact Het Juridisch Loket Westland for advice.
How long for recourse as an employer?
Five-year limitation period (Article 3:310 BW); consult Rechtbank Westland for deadlines.
Third party won't pay?
Levy attachment or file for bankruptcy. Assistance via Gemeente Westland or a lawyer.
Do I have to cooperate?
Yes, reasonably (Article 7:659 BW), at no cost.
Tips for Westland
- Document thoroughly: Incident reports for greenhouse accidents.
- Check insurances: AVB and absenteeism insurance for recourse coverage.
- Expert help: Personal injury lawyer or Het Juridisch Loket Westland. See Employee Personal Injury.
- Prevention: Comply with occupational health and safety rules via Gemeente Westland.
- Employees: Report immediately to employer.