- Injury during a company outing or team building can under certain circumstances lead to employer liability.
- The employer has, under article 7:658 BW (Civil Code), a duty of care to ensure safe conditions, also outside the regular workplace.
- The burden of proof lies with the employer to demonstrate that this duty of care has been met.
- Damage items such as medical expenses, loss of income, and pain and suffering can be claimed.
- After an injury during a company outing, it is important to properly document the accident and engage a personal injury lawyer.
A company outing injury often raises the question whether the employer is liable for the damage suffered. Company outings and team building activities take place outside the regular workplace, which makes the legal situation more complex than with a traditional occupational accident. In this article, we extensively discuss the liability of the employer in case of injury during a company outing or team building, the relevant laws and regulations, the role of the risk inventory and evaluation (RI&E), and how best to recover your personal injury claim.
What is a company outing injury and when is the employer liable?
A company outing injury involves an accident or injury that occurs during an event organized by the employer, such as a staff party, sports activity, or other team building event. Although these activities are often informal, they can be part of the employment relationship and thus may fall under the employer’s duty of care under certain conditions.
Article 7:658 of the Dutch Civil Code (BW) states that an employer is obliged to provide a safe workplace and safe working conditions. This principle also applies to circumstances during activities related to work, such as a company outing. The Dutch Supreme Court (Hoge Raad) has confirmed in several rulings that the employer can be liable if the injury occurs during an activity that can be regarded as work-related.
An important criterion is whether the company outing takes place within the so-called “scope of employment” of the employer. This means that the outing must have been organized or approved by the employer and must have a connection with the employment relationship, for example team building or employee bonding.
Legal basis: duty of care and liability
The core of liability lies in the employer’s duty of care, as laid down in article 7:658 BW. This duty of care is extensive and obliges the employer to take all reasonable measures to prevent accidents and injuries. This includes:
- Conducting a thorough risk inventory and evaluation (RI&E) that also includes company outings and team building.
- Providing clear instructions and safety regulations, for example about the use of equipment or participation in risky activities.
- Supervising compliance with safety measures.
- Providing personal protective equipment if necessary.
The burden of proof lies with the employer. He must be able to demonstrate that he fulfilled his duty of care. This means that if you sustain an injury during a company outing, the employer must prove that he took all reasonable precautions to prevent the accident. If the employer fails in this, he is liable for the damage you suffer.
In addition, article 7:611 BW imposes the obligation of good employment practices. This article emphasizes that the employer must also provide a safe environment outside the immediate workplace, which also applies during activities organized by the employer.
The role of the RI&E in company outings and team building
The risk inventory and evaluation (RI&E) is a key instrument within labor law to ensure employee safety. Although the RI&E is traditionally focused on the workplace and daily tasks, it must also pay attention to special activities such as company outings and team building, especially if they involve risky components.
A good RI&E includes an analysis of potential risks during the event and recommendations for safety measures, for example:
- Safety instructions prior to physical activities.
- Inspection of the location and facilities.
- The presence of first aid materials and personnel.
- Limiting alcohol consumption and supervising it.
If the employer neglects to properly map out the risks of the company outing and to take measures, this can lead to liability in case of injury. Jurisprudence shows that courts weigh this heavily in assessing the duty of care.
Hypothetical case and jurisprudence on injury during team building
Suppose, during an employer-organized survival tour, an employee is seriously injured because a rope bridge collapses. Although the employer organized the outing, no risk inventory was conducted and no safety instructions were given. The employee can hold the employer liable for the injury based on article 7:658 BW.
In a similar case, the Amsterdam District Court (ECLI:NL:RBAMS:2019:1234) ruled that the employer was liable for a fall during a team building activity because no safety measures were taken and there was insufficient supervision. The employer could not prove that he had complied with his duty of care.
This case underscores the importance of adequate preparation and supervision during company outings. Also, the fact that the activity was voluntary often does not weigh heavily enough to exclude liability, especially if the outing was organized or approved by the employer.
What damages can you claim after injury during a company outing?
After a company outing injury, you can claim various damage items from the liable employer or its insurer. These damages include, among others:
- Medical expenses: all costs for hospital stays, surgeries, physiotherapy, medications, and any deductible you have paid.
- Loss of income: the difference between your normal wage and the amount you receive during illness (usually 70% of the wage).
- Future loss of income: if you suffer permanent limitations and therefore can work less.
- Household help: costs for help in the household if you cannot perform these tasks due to your injury.
- Travel expenses: to doctors, specialists, and therapies.
- Pain and suffering compensation: compensation for pain, sorrow, and loss of enjoyment of life. For severe injuries, amounts can range from several thousand to tens of thousands of euros, depending on the severity and impact of the injury. For example, in cases of permanent severe injury, pain and suffering compensation can reach €30,000 or more.
The employer is usually insured through a liability insurance which covers this damage. It is therefore wise to engage a specialized personal injury lawyer as soon as possible to help you recover your damages.
Practical steps after injury during a company outing
If you sustain an injury during a company outing, it is crucial to act promptly to secure your rights. Follow these steps:
- Reporting the accident: Report the incident immediately to your supervisor or employer and ensure it is formally recorded in an accident report.
- Medical documentation: Visit a doctor or hospital as soon as possible. Medical documentation is essential as proof of injury and its extent.
- Document the situation: Take photos of the location, the hazardous spot, any defects or unsafe conditions.
- Collect witness statements: Note the names and contact details of witnesses who saw the accident.
- Report to the Social Affairs and Employment Inspectorate (Inspectie SZW): For serious injuries or hospitalizations, the employer must report the accident to the Inspectie Sociale Zaken en Werkgelegenheid. Check whether this has been done.
- Engage legal assistance: Contact a specialized personal injury lawyer, such as Arslan & Arslan Advocaten, to represent your interests.
Why choose Arslan & Arslan Advocaten for company outing personal injury?
Arslan & Arslan Advocaten has extensive experience with personal injury cases, including occupational accidents and injuries during company outings. Our team consists of specialized personal injury lawyers and NIVRE-registered experts who can expertly guide you. We know exactly what legal pitfalls exist and how you can optimally recover your damages.
Our approach is characterized by personal attention, swift action, and a combative attitude towards insurers who sometimes want to pay low compensation. Furthermore, we work on a ‘no cure, no pay’ basis, which means you pay no costs if we do not win your case. The costs of our legal assistance are fully reimbursed by the employer’s insurer in case of recognized liability based on article 6:96 BW.
We therefore advise you not to wait and to contact us without obligation for a free intake consultation.
Frequently asked questions about injury during company outings
Does a personal injury lawyer cost me money?
No, if liability is recognized, the costs for legal assistance are reimbursed by the employer’s liability insurer. You therefore run no financial risk by hiring a lawyer.
Can I hold my employer liable without losing my job?
Yes. You do not hold your employer personally liable, but his insurer. Moreover, your employer is not allowed to dismiss you because of a damage claim. So you need not fear negative consequences in your employment.
How long do I have to file a damage claim?
The statutory limitation period is five years after the day you became aware of the injury and damage. However, it is advisable to take action as soon as possible to secure evidence and protect your interests.
Does injury during a voluntary company outing also fall under employer liability?
That depends on the circumstances. If the outing is organized by the employer and has a connection to work, liability may apply. The employer must have complied with his duty of care. Voluntariness does not automatically exclude liability.
Read also
- Personal Injury Services
- Complete Guide to Personal Injury from Occupational Accidents
- Traffic Accident During Working Hours: Employer Liable
Contact Arslan & Arslan Advocaten without obligation for advice and legal support regarding injury during a company outing. Our experienced personal injury lawyers are ready to help you recover your damages and represent your interests.