Taking recourse. An employer can recover wage loss from the liable party. This is regulated in art. 6:107a BW under Dutch law. In practice, employers do not always make use of this.
The employer must continue to pay at least 70% of the wages for the first 2 years. In addition, the employer will incur costs for reintegration.
To recover the damages, the following steps must be taken:
- identify the liable party (or their insurer)
- prove liability
- prove the link between the employee’s medical complaints and the incident
- prove the link between complaints and incapacity for work
- assess and claim damages.
What damages?
The damages consist of the net wages paid. In addition, reasonable costs for reintegration can be claimed.
In addition, legal assistance costs are reimbursed. You can therefore engage a lawyer for your recourse claim free of charge.
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