Compensation after an accident at work

Questioner

A 19-year-old girl fell from a horse while working as a horse groomer. (Riding horses was also part of her job.) As a result, she suffered a compound fracture in her elbow, requiring hospitalization and incurring various medical expenses. Her employer initially promised to reimburse all costs but retracted this promise because they were not insured for this. Unfortunately, there is no written record of this. Her annual contract was also not renewed as of January 1st of this year because the company was closed. Meanwhile, she cannot afford the medical expenses (including mandatory physiotherapy). She also had to discontinue her education (she could not write). Does she still have a chance of receiving reimbursement from her employer?

Lawyer

I think so. Moreover, the employer cannot simply close down his company without addressing the girl's claim. He must liquidate his company and distribute the assets among the creditors. If he fails to do so, he could be personally liable.

Questioner

The employer gives the following reason: a. that she herself chose to ride the horse (while this was actually the standard practice) b. that she herself chose to ride outside (this was a fenced pasture) and not in the arena; c. that she had not looked into the diary regarding the horse's riding history. It also remains the case that it was verbally agreed that all costs would be reimbursed.

Lawyer

The employer is liable for breaches of duty of care and may be liable if the owner of the horse. If the employer's business is a sole proprietorship or, for example, a general partnership, the employer remains personally liable, even after the business ceases. If there is a private limited company (BV), the above remarks by Mr. Van Binsbergen apply. I hope I've provided you with sufficient information for now. If you require further information or assistance, please feel free to contact me.