Liability and payment are two different questions. Your employer can be liable without having insurance or money. That does not make your claim disappear, but it changes the route to recovery: the question then becomes who else is liable and which insurance is in place. After all, business liability insurance is not a legal requirement in the Netherlands.
Nederlands: Lees dit artikel in het Nederlands: Werkgever onverzekerd of failliet: kunt u uw schade nog verhalen?
Türkçe: Bu makaleyi Türkçe okuyun: İşveren sigortasız veya iflas etmiş: zararınızı yine de tahsil edebilir misiniz?
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist areas for employment law and personal injury. Content reviewed on 17 September 2026 against the statutory text on wetten.overheid.nl.
My employer turns out to be uninsured
In that case the employer remains liable itself. Insurance determines who ultimately pays, not whether there is an obligation. You then bring your claim directly against the employer. Whether anything can be recovered depends on the company’s financial position.
Before you assume there is nothing, one thing must be investigated: is there really no cover? In practice, it regularly turns out that there is a policy after all, or another policy that provides cover.
- A business liability insurance policy (AVB) with an employer’s liability section.
- A WEGAM or WEGAS policy (employer’s insurance for employees on the road) for road use during work.
- The compulsory motor insurance (WAM) of a vehicle involved, including a forklift truck or wheel loader.
- The insurance of a client, main contractor or hirer in the chain.
- A Contractors’ All Risks (CAR) policy on a construction project.
- A group accident insurance policy. This pays out a fixed amount and is not compensation, but it does count towards the overall picture.
If there is an insurer, you as the injured party can require in a personal injury case that it pays you directly rather than the insured (Article 7:954 of the Dutch Civil Code). This is not an independent right against the insurer, but it does prevent the money from getting stuck in a shaky company.
Who else is liable?
When work is done in a chain, there are often more parties involved than just your formal employer. Go through them.
| Party | Legal basis | When relevant |
|---|---|---|
| The hirer or client | Article 7:658(4) of the Dutch Civil Code | You actually worked under their supervision and at their workplace |
| Another party that created the danger | Article 6:162 of the Dutch Civil Code (tort) | A fellow company, a subcontractor, a mechanic |
| The possessor of a defective movable object | Article 6:173 of the Dutch Civil Code | A machine, scaffolding or installation did not meet the requirements |
| The possessor of a building or structure | Article 6:174 of the Dutch Civil Code | A defect in a building, floor, roof or site |
| The manufacturer | product liability | The work equipment was defectively designed or built |
| The director of the company | directors’ liability | Only where there is serious personal blame, a high threshold |
Article 7:658(4) of the Dutch Civil Code is particularly important here. The Supreme Court of the Netherlands (Hoge Raad) has ruled that the protection of that article also applies to anyone who performs work outside an employment contract, if he or she depends for his or her safety on the party for whom the work is done (Supreme Court 23 March 2012, ECLI:NL:HR:2012:BV0616, Davelaar/Allspan). This does not mean every client is automatically liable: it depends on the specific relationship and the nature of the work.
My employer is bankrupt
In a bankruptcy your claim is not lost, but the route changes. You submit your claim to the bankruptcy trustee (curator). In practice, an ordinary unsecured claim often yields little or nothing, because the costs of the estate and preferential creditors are paid first.
That is why the emphasis here is on two things.
- Is there an insurance policy that remains in force? A bankruptcy does not automatically end cover for damage that arose before the bankruptcy. The rule in Article 7:954 of the Dutch Civil Code was written precisely for this situation: the payout should end up with you, not in the bankruptcy estate.
- Is there another liable party? See the table above. With agency work, the hirer is often still very much alive while the agency collapses.
A separate route applies to unpaid wages: the UWV takes over part of the wage obligations through the wage guarantee scheme. This is separate from your personal injury claim and does not replace it.
What you should do now
- Hold your employer liable in writing, even if you suspect there is no money. This interrupts the limitation period and records when you came forward.
- Ask for the policy details. An employer is obliged to cooperate in settling the claim; if it refuses, this can be enforced through the court.
- Map out the whole chain: who was the client, who was the main contractor, who owned the machine, who was supervising?
- Submit your claim to the bankruptcy trustee if there is a bankruptcy, and ask about the insurance policies in force.
- Do not wait. Evidence disappears, companies are dissolved and time limits keep running.
Have your recovery options assessed
We investigate which parties may be liable, which policies exist and whether direct payment by an insurer is possible. Bring: your employment contract, the accident report, photos, the names of the companies involved and all correspondence.
Call 070 450 0300 or send your question via the contact form.
Frequently asked questions
Is liability insurance compulsory for employers?
No. Business liability insurance (AVB) is not a legal requirement in the Netherlands. If your employer does not have it, the employer simply remains liable; recovering your loss just becomes more difficult.
Can the insurer pay me directly?
In personal injury cases, you can require the insurer to pay the amount directly to you under Article 7:954 of the Dutch Civil Code. This is particularly important if your employer is in financial difficulty.
My employer is bankrupt. Is there any point in claiming?
Often there is, but by a different route: an insurance policy that remains in force, or another liable party such as the hirer or the client. Also submit your claim to the bankruptcy trustee.
Can I hold the director personally liable?
Only if he or she can be personally and seriously blamed. That is a high threshold; the mere fact that a company goes bankrupt or was uninsured is not enough.
Will I still receive my unpaid wages?
For wages, the UWV wage guarantee scheme applies; it takes over part of the wage obligations. This is separate from your personal injury claim and does not replace it.
Read also
- Accident at work: when is your employer liable?
- Holding your employer liable for an accident at work
- Accident at work as a self-employed worker or freelancer: are you entitled to compensation?
- Holding your employer liable for psychological harm: when is that possible?
- Road accident during working hours: who is liable, the employer or the driver?
- Road accident during working hours: is your employer liable?
Sources and legal basis
- Article 7:658 of the Dutch Civil Code, in particular paragraph 4.
- Article 7:954 of the Dutch Civil Code (direct payment by the insurer in cases of personal injury and death).
- Articles 6:162, 6:173 and 6:174 of the Dutch Civil Code (tort, defective movable object, buildings and structures).
- Supreme Court 23 March 2012, ECLI:NL:HR:2012:BV0616 (Davelaar/Allspan).
Sources checked on 17 September 2026.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
