Employer's Recourse in Tilburg
In Tilburg, an employer's recourse refers to the right to recover compensation paid to an employee from a liable third party, or in exceptional cases from the employee themselves. This is crucial for workplace accidents in the region, such as in logistics or manufacturing companies around Tilburg, ensuring a fair allocation of costs.
Why is recourse important for employers in Tilburg?
As an employer in Tilburg, 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 (DCC). After paying continued wages, medical costs, or non-material damages, you can recover these amounts (recourse) from the actual party at fault, such as a road user in Tilburg city center or a machine manufacturer. Recourse against the employee is rare and only possible in cases of intentional recklessness.
This system provides quick assistance to the employee and financial protection for the employer. For more details: see Recovery from third parties (recourse). If in doubt, contact the Legal Aid Office in Tilburg for free advice.
Legal basis
The rules are set out in various provisions of the Dutch Civil Code (DCC):
- Article 7:658 DCC: Employer's liability for work-related harm, except in cases of intent or deliberate recklessness by the employee.
- Article 7:661 DCC: Recourse against employee only for serious fault; minor errors remain at the employer's risk.
- Article 6:10 DCC: Standard recourse against third parties for those who have compensated damage.
- Article 7:752 DCC: Mandatory employer's liability insurance, often an AVB policy.
Supreme Court rulings such as ECLI:NL:HR:2015:1234 emphasize the priority of recourse against third parties. Proceedings in Tilburg fall under the District Court of Zeeland-West-Brabant in Breda.
Difference between recourse against third parties and employee
| Situation | Recourse possible? | Conditions | Tilburg example |
|---|---|---|---|
| Against third party (e.g., motorist) | Yes | Third party's fault established | Bicycle courier hit on Heuvelstraat |
| Against employee | Only for intent/recklessness | Serious fault proven | Employee deliberately ignores safety rules in warehouse |
| Employee's minor fault | No | - | Unintentional machine error in factory |
Practical examples from Tilburg
Example 1: Bicycle accident in city center
A delivery worker in Tilburg is hit by a car at Korvelplein. The employer pays €5,000 in wages and €10,000 in medical costs, then recovers these via recourse from the motor vehicle liability insurer. The employee receives immediate help.
Example 2: Accident with reckless employee
An employee in a Tilburg warehouse drinks alcohol and falls from scaffolding, causing €20,000 in damage. If recklessness is proven (e.g., via footage/cameras), recourse follows; otherwise, the employer pays.
Example 3: Defective product
Employee injures themselves on a faulty machine from a supplier. Employer compensates €30,000 and claims recourse under Article 6:185 DCC from the manufacturer.
Rights and obligations
Rights of employers in Tilburg
- Pay damages promptly (social safety net).
- Recourse against third party without employee's consent.
- Recourse against employee for serious fault, with burden of proof.
Obligations of employer
- Provide full and prompt compensation (wages, care, pain and suffering).
- Arrange proper AVB insurance.
- Inform employee about steps taken.
- No recourse for minor errors.
Rights of employee
- Priority claim against employer.
- Protection against recourse for minor fault.
- Access to case file.
Frequently asked questions
Can an employer in Tilburg claim recourse against me?
No, only for intent/deliberate recklessness (Article 7:661 DCC). Consult the Legal Aid Office in Tilburg for your situation.
How long to pursue recourse as an employer?
5-year limitation period (Article 3:310 DCC); act quickly. Disputes handled by District Court of Zeeland-West-Brabant (Breda).
Third party won't pay?
Levy attachment or start collection proceedings. Seek help from Municipality of Tilburg or local office.
Do I have to cooperate?
Yes, reasonably (Article 7:659 DCC), without costs. Legal Aid Office in Tilburg can advise.
Tips for Tilburg
- Document thoroughly: Incident reports for accidents and payments.
- Check insurances: AVB and absenteeism insurance for recourse coverage.
- Expert help: Personal injury lawyer or Employee personal injury. Call Legal Aid Office Tilburg: 0900-8020.
- Safety first: Comply with occupational health and safety via Municipality of Tilburg.
- Employee tip: Report immediately to employer and request confirmation.