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Recourse claims for companies in the event of damage to employees due to an accident

A recourse claim, how does this work?

(© amnaj –

Under the law, a personal injury victim is entitled to a personal injury compensation after an accident. For example, suppose someone was hit by a bicycle. This person breaks a leg and is taken to hospital by ambulance. Eventually this person is allowed to go home and there he will be cared for. He goes to the physiotherapist and his household tasks are taken over by a professional cleaning lady. Work was not possible for 3 months. The base salary continues to be paid, but the victim misses out on a bonus.

In this case, the liability insurance of the liable party must compensate the personal injury. This consists of the aforementioned material damage items and compensation. This is compensation for the pain, grief and psychological complaints suffered.

Under the law, not all victims are entitled to compensation. Persons who incur costs as a result of the accident of the personal injury victim are also entitled to personal injury compensation. These are mainly the health insurer and the employer. In addition, relatives of the victim who have incurred costs due to the victim’s injury can file a personal injury claim with the insurer for the liable party. For example, for healthcare costs incurred for the benefit of the victim.

A health insurance company pays for the care for the victim. Because these costs are incurred at the hands of someone else, this person can be held liable for the healthcare costs by the health insurer. This is called a recourse claim.

For example

Your employee has been hit by a bicycle (Dutch: fietser aangereden) in traffic or a victim of a dog bit(Dutch: hondenbeet.) This means that you are incapacitated for work and that you, as an entrepreneur, have lost your employee for a while. You must continue to pay this employee his or her salary in full for a long period of time if the employee has a permanent contract.

You are now suffering damage through no fault of your own. After all, you must continue to pay your employee while there is no work compensating the salary. And as a replacement you hire a temporary worker for which you incur costs. Fortunately, there is sometimes a possibility to reclaim the net wages you paid from the sick employee. This also applies to reintegration costs.

Employer’s recourse

In addition to the health insurer, the employer of the personal injury victim can take recourse. The insurer of the liable party is addressed for this. This is called a recourse claim. The net wage costs and reintegration costs can be recovered. This concerns the costs of the company doctor, but also, for example, an adapted office chair.

For recourse, a liability notice must be sent to the liable party. This must include the personal injury claim. This claim must be substantiated by means of evidence, for example salary specifications of the salary of the injured employee or invoices for purchased items and the company doctor.

A recourse claim can be barred. That is why it is important not to wait too long before submitting a recourse claim. If you, as an employer, are too late with submitting the recourse claim, you can no longer claim compensation for the wages paid and the reintegration costs incurred for the recovery of your employee.