Burn-out or serious work stress is increasingly common. The consequences are great: prolonged absence, loss of income and psychological damage. But who is responsible for this? In many cases, the employer may be liable for the damage an employee suffers from overwork or stress. In this article, the labour law attorneys of Arslan Advocaten explain when employer liability applies, what you need to prove and how you can get compensation.

Employer liability for psychological damage

The legal basis for employer liability can be found in article 7:658 of the Civil Code. This article stipulates that the employer is liable for damage an employee experiences during work unless he proves that he has fully met his duty of care. This duty of care applies not only in case of physical accidents, but also when psychological damage like burn-out or overstrain occurs.

An employer therefore needs to ensure a safe working environment — mentally as well. He must prevent employees from experiencing structural overwork, bullying or insufficient rest. If he does not do this, he can be held responsible for the resulting damage.

What constitutes job stress and burn-out?

Work stress is a long-term form of tension caused by work. This can lead to physical and psychological complaints, such as concentration problems, sleep problems, anxiety, depression and exhaustion. A burn-out symbolises the final stage of long-term work stress.

Common causes

• Excessive work pressure or unrealistic deadlines
• Lack of support or leadership
• Bullying or intimidation at work
• Conflicts with colleagues or superiors
• Unclear job requirements or structural understaffing

An employer who ignores signs of overwork may be acting in violation of his duty of care. This is also the case if he does not take measures when warned by the company doctor or occupational health and safety service.

When is the employer liable?

The judge considers whether the employer has done enough to prevent work overload. There are three main criteria for this:

1. Was there a risk of psychological overwork?

If the nature of the work structurally leads to high pressure, the employer should take extra measures, such as distributing work, revising deadlines or employing additional personnel.

2. Did the employer intervene promptly?

When an employee reports complaints or shows signs of stress, the employer must act proactively. If he ignores these signs, he violates his duty of care.

3. Is there a causal link between work and complaints?

The employee must prove that the complaints were (partly) caused by work. The burden of proof primarily lies with the employee, but the bar is not set extremely high: proving a probable correlation between complaints and working conditions suffices.

The employer then has the opportunity to defend himself by demonstrating that he has complied with his duty of care or that the complaints have other causes.

Evidence in case of burn-out and work stress

Evidence is crucial. Employees can strengthen their case, for example, with:

• Company doctor’s reports or occupational health and safety service
• E-mail correspondence on work pressure or complaints
• Colleagues’ testimonials
• Personnel files or performance reviews
• Reports of sickness notification or reintegration

It is wise to store all communication and medical records carefully; they can prove decisive in a liability procedure.

Compensation for burn-out

The compensation may consist of several items, depending on the situation. Think of:

• Loss of income (in case of prolonged illness or dismissal)
• Medical expenses not reimbursed
• Compensation for pain and suffering for mental distress
• Loss of pension accrual
• Reintegration costs and legal costs

In some cases, there may also be a claim for wage damage or a transition fee if the employment is terminated due to illness or a labour dispute.

What should the employer do to avoid liability?

Employers can prevent a lot of trouble by taking their duty of care seriously. Important measures include:

• Regular job stress measurements and well-being talks
• Access to confidential advisers and company doctors
• Leadership training in stress recognition
• Well-developed policy against undesirable behaviour
• Clear agreements about working hours and accessibility

An employer who takes and documents these steps has a strong defence against a liability claim.

Burn-out after a labour dispute

Burn-out complaints often arise after a prolonged labour dispute or wrongful dismissal. In such cases, it is especially important to seek legal advice. A lawyer can help establish the employer’s liability and recover damages.

Reintegration and recovery

During illness, there is a reciprocal obligation for reintegration. The employer must provide suitable work, guidance and consultation with the company doctor. Employees must cooperate in their recovery. If there are disputes about reintegration, a procedure with the Employee Insurance Agency (UWV) or the court may be necessary.

Frequently asked questions about burn-out and employer liability

Can I hold my employer liable for a burnout?

Yes, if you can prove that the burnout was (partly) caused by work pressure or poor working conditions. Then, the employer has to prove that he has fully complied with his duty of care.

How high can the compensation for a burnout be?

That varies by case. The compensation can range from several thousands to tens of thousands of euros, depending on the severity of complaints, loss of income and duration of the absence.

What if I am partly to blame for my burnout?

The liability is only waived if the employer can prove that he has done everything to prevent damage. The ‘own fault’ usually plays only a limited role.

Should I hire a lawyer?

Yes, in a dispute about liability or compensation, legal assistance is essential. Contact Arslan Advocaten for counsel about your specific situation.

Arslan Advocaten assist with burn-out and work stress

Our labour law attorneys have extensive experience in cases revolving around burn-out and work stress. We assess whether the employer is liable, assist in gathering evidence and recover your damage. Both employees and employers can turn to us for advice or representation in a procedure.

If you want to know whether you are entitled to compensation, or if you have questions about employer duty of care, contact Arslan Advocaten for personal legal advice.