A ⇐ b|c|d|e|f|g|h|i|j|k|l|m|n|o|p|q|r|s|t|u|v|w|x|y|z
Liability is the obligation to compensate someone for damages. This can result from a legal obligation or a contractual obligation under Dutch law.
Related:
- legal obligation
- contractual obligation.
Liability Insurance
The insurance agreement for liability towards third parties resulting from an uncertain future event.
Related:
- insurance agreement
Liability Insurer
The insurer that provides liability coverage.
Notice of Liability
A written notification from the injured party to the perpetrator of an event that resulted in damage, stating that the injured party holds the perpetrator liable for the suffered and future (personal) injury damages.
Grief and Suffering Damages
Non-material damages resulting from the loss of a loved one, or from a loved one being seriously injured. In the Netherlands, for incidents after January 1, 2019, there is a right to compensation based on a table. This table distinguishes between the relationship with the loved one and the severity of the injury. For more information, see the page on grief and suffering damages.
Occupational Expert
An occupational expert is an expert in the employability and capacity of an employee. For example, the occupational expert can provide an opinion on the earning capacity of a victim in a personal injury case. The occupational expert can also give an opinion on the fitness for their own work or replacement work. Furthermore, the occupational expert can assess the possibilities a victim has to perform household tasks in and around the home. The occupational expert therefore plays a role in calculating the damage items:
- loss of earning capacity
- household help
- self-activity
When assessing the possibilities, the occupational expert relies as much as possible on the available medical information. This is often information available from the medical process or a previously performed medical assessment.
Labour Inspectorate
The Labour Inspectorate is part of the SZW Inspectorate. This is part of the Ministry of Social Affairs and Employment. The SZW Inspectorate is the supervisory authority in the field of the Ministry of Social Affairs and Employment.
In the event of a workplace accident that leads to permanent consequences and/or at least one (day) admission to the hospital, an employer is obliged to report it to the Labour Inspectorate. The Labour Inspectorate has extensive powers to investigate an accident and to take appropriate measures.
Occupational Disability
The degree to which someone is unfit to work. This can concern their own work; occupational disability for their own work. Or for other (suitable) work. If someone can limit their damage by taking on other suitable work, then the damage item loss of earning capacity can be limited. It may also be that someone needs to retrain for this. The costs associated with retraining must be reimbursed by the liable party.
Workplace Accident
An accident during the performance of work. A condition for this is that there is a relationship of authority. An accident during commuting is also considered a workplace accident. An employer is liable for a workplace accident unless they can demonstrate that they have taken all necessary measures and provided information to prevent a workplace accident.
LAW: 7:658 BW lid 1 en 2:
“1 The employer is obliged to arrange and maintain the premises, machinery and tools in or with which he performs the work, 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 duties.”
“2 The employer is liable to the employee for the damage suffered by the employee in the performance of his duties, unless he demonstrates that he has complied with the obligations mentioned in paragraph 1 or that the damage is largely the result of intent or conscious recklessness on the part of the employee”