Employee liability after an occupational accident

Questioner

I fell at work because someone dropped food and didn't clean it up. I broke my arm then. Now I have to pay €360.00 deductible to my health insurer. I have never had any medical expenses until now. Can I declare this?

Lawyer

I expect that your employer will deny liability. After all, you will have to be able to demonstrate that the employer has not fulfilled his duty of care under article 7:658 BW, because he did not immediately clean up the spilled food. The next question is whether the employer knew or could have known this. I do advise you to try and hold the employer liable in writing for the damage you suffered as a result of the accident on the basis of Article 7:658 of the Dutch Civil Code. However, the actual damage can only be determined at the end of this year, if you have not received any other medical assistance to which the deductible of your health insurance would also have applied. 'The employer is obliged to arrange and maintain the premises, tools and equipment in or with which he has the work carried out in such a way and to take such measures and provide such instructions for the performance of the work as are reasonably necessary to prevent the employee from suffering damage in the performance of his work'

Lawyer

Looking at the case law, the rulings are very diverse and strongly dependent on the specific circumstances of the case. Questions that come to mind include: How long have the foods been on the floor? It is also important to get a clear situation sketch of the place where it happened. It is also important who was responsible for cleaning up after something has fallen at your employer and how quickly that normally happens. In short, a general answer cannot be given. If you wish, you can contact me without obligation to receive an answer based on your situation.