Work-related burn-out and psychological injury: the ultimate guide to liability and burden of proof
Work-related burn-out and psychological injury are a growing social and legal issue in the Netherlands. Increasing numbers of employees suffer long-term complaints, often caused by structural overload, bullying or an unsafe working environment. What many do not realize is that employers have a statutory duty of care and can be held liable for the consequences if they breach this duty. In this comprehensive blog article, Arslan & Arslan Advocaten outlines the full legal context surrounding burn-out and psychological injury at work, the employer’s duty of care, liability, burden of proof, and how you as a victim can equip yourself with legal support.
What is burn-out and psychological injury caused by work?
Burn-out is a more serious form of work-related stress in which an employee becomes mentally and physically exhausted. This leads to complaints such as extreme fatigue, lack of concentration, cynicism and disinterest in work. Psychological injury caused by work can also take other forms, such as depression, anxiety disorders, or post-traumatic stress symptoms, often caused by an unsafe work environment or intimidation.
It is important to recognize that psychological injury can be just as disabling as physical harm and therefore deserves legal protection. It is crucial to understand when an employer can be held liable for this damage.
The employer’s duty of care
Employers in the Netherlands have a statutory duty of care under the Working Conditions Act (Arbeidsomstandighedenwet, Arbowet) and the general duty of care in the Dutch Civil Code (Burgerlijk Wetboek, Article 7:658 BW). This duty means that employers must take measures to safeguard the safety and health of employees, including their mental health.
Structural overload as a cause
Structural overload arises when an employee must continually perform too much work without sufficient opportunities to recover. This can lead to severe stress complaints and ultimately a burn-out. The employer must:
- Timely recognize that an employee is becoming overloaded;
- Make appropriate adjustments, such as reducing workload or facilitating a temporary sickness report;
- Take preventive measures to prevent structural overload;
- Pursue consistent policy in accordance with the Arbowet and guidelines such as those of the Netherlands Center for Occupational Diseases (Nederlands Centrum voor Beroepsziekten).
If this duty of care is not observed, the employer can be held liable.
Bullying and intimidation in the workplace
Another important cause of psychological injury is bullying, intimidation, discrimination or sexual harassment at work. This directly breaches the duty of care, as the employer must ensure a safe working environment.
In concrete terms, this means that the employer must:
- Draw up and implement policies against bullying and intimidation;
- Take complaints seriously and investigate them adequately;
- Impose appropriate disciplinary measures;
- Organize preventive training and awareness.
When an employer fails to act against this, grounds for liability arise if it leads to psychological injury.
Unsafe working environment and psychosocial risks
Unsafe working environments also include psychosocial risks that threaten employees’ mental well-being. Think of poor communication, unclear job descriptions, unfair treatment or lack of support. Although these factors are more subtle, case law recognizes that they too can lead to liability where the employer provides insufficient care.
Employer liability for burn-out
The employer can be held liable on the basis of Article 7:658 BW, which provides that the employer must ensure the safety and health of the employee. For psychological injury caused by work, it applies that the injury cannot also stem from personal circumstances or pre-existing psychological conditions without a causal link to the work.
Liability rests on the ground that the employer failed to take adequate measures to prevent work-related risks. This requires the employee to demonstrate that:
- There was an unsafe or unhealthy situation;
- There is a causal connection between the working conditions and the psychological injury;
- The employer knew, or reasonably should have known, of the risks and failed to act appropriately.
If these conditions are met, the employer can be held liable to compensate damage such as medical expenses, loss of income, and non-pecuniary damages (smartengeld).
Burden of proof in burn-out and psychological injury
One of the biggest challenges in personal injury (letselschade) due to burn-out and psychological complaints is the burden of proof. Psychological injury is less easy to objectify than physical injury.
Challenges
- Subjectivity of complaints: psychological injury depends on self-reporting and medico-psychological assessment.
- Proving causation: The link between work and illness is complex, especially in cases of multiple problems or prior vulnerabilities.
- Expected rebuttal by employer: employers may deny and point to external factors.
Options and evidence
To discharge this burden, an employee may use:
- Medical reports from occupational physicians, psychologists and psychiatrists that confirm a work-related link to the complaints;
- Health and safety (Arbo) reports and RI&E (Risk Inventory and Evaluation) documents that describe unsafe and burdensome working conditions;
- Witness statements from colleagues confirming bullying or overload;
- Correspondence between employee and employer showing the employer was aware of problems but failed to act;
- Case law and recognition of burn-out as an occupational disease supporting causation.
Case law and key rulings
Dutch case law has in recent years provided greater clarity on employer liability for burn-out and psychological injury:
- HR 11 March 2005, ECLI:NL:HR:2005:AR6657 (ABN Amro/Nieuwenhuys): The Supreme Court (Hoge Raad) held that the employer’s duty of care (Art. 7:658 BW) also extends to psychological injury, including burn-out. The employer must take measures that are reasonably necessary to prevent the employee from suffering damage.
- HR 7 June 2013, ECLI:NL:HR:2013:BZ1717: Where the link between working conditions and the damage is uncertain, the reversal rule (omkeringsregel) cannot automatically be applied to psychological injury. The employee must make it plausible that the working conditions caused the damage.
- The Hague Court of Appeal 18 January 2008, ECLI:NL:GHSGR:2008:BC7681: This decision concerns a burn-out dispute about the duty of care. The Court ordered a case management hearing and reserved further decision; it therefore contains no final decision on liability.
- HR 28 March 2025, ECLI:NL:HR:2025:480 (Samsung decision): Recent confirmation that, in assessing employer liability, a subjective feeling of overload is insufficient; there must be a concrete evidentiary offer that, objectively viewed, the working conditions caused the injury.
- Amsterdam Court of Appeal 4 April 2017, ECLI:NL:GHAMS:2017:1181: The employer is only obliged to take specific measures if the risk of psychological injury was knowable. Knowability is a precondition for liability.
These decisions have been verified via rechtspraak.nl and offer concrete starting points for employees who wish to recover burn-out damage from their employer.
Practical examples of psychological injury caused by work
Example 1: Overload due to structural workload
A healthcare employee has experienced excessive workload for months due to staff shortages. Despite reports to the supervisor and the occupational physician, nothing changes. Ultimately the employee suffers a burn-out. The employer is held liable for failing to take preventive measures in time, insufficient monitoring and not adjusting the working conditions.
Example 2: Bullying and intimidation
An employee repeatedly reports bullying by a colleague, but the employer takes no action. The employee develops severe anxiety and depression. The court rules that the employer has fallen short of its duty of care and awards non-pecuniary damages (smartengeld).
Example 3: Unsafe working environment
At a company, the RI&E shows that communication and job descriptions are unclear, leading to psychosocial stress among employees. An employee becomes distressed and develops a burn-out. The company is called upon to implement improvements and faces a damages claim for the employee’s psychological injury.
Why choose Arslan for work-related burn-out and psychological injury
The legal process surrounding work-related burn-out and psychological injury is complex and requires in-depth knowledge of employment law, civil law and medical aspects. At Arslan & Arslan Advocaten we have extensive experience in personal injury cases, with special attention to occupational diseases and psychological injury.
We offer:
- Thorough legal analysis of your situation;
- Support in gathering evidence;
- Effective communication with insurers and employers;
- Legal assistance at no cost to you based on Article 6:96 BW when you meet certain conditions, so you can seek justice without financial worry;
- An empathetic approach, because we understand you are dealing with vulnerability and uncertainty.
Contact us today for a free intake appointment. Together, we will ensure that you receive what you are entitled to, with a legal partner at your side who stands up for your interests.
Work-related burn-out and psychological injury should never be ignored. The law protects you – it is essential that you know your rights and take the right steps if you suffer harm. Arslan & Arslan Advocaten is your dedicated partner in this legal effort.
For more information or a non-committal consultation, visit our website or contact us.
More information on psychological injury and employer liability
Also see our page on personal injury services (letselschade) or read about personal injury amounts and non-pecuniary damages (smartengeld) and medical expertise in personal injury cases.
For more information on employer obligations we refer to the Arboportaal of the Ministry of Social Affairs and Employment (SZW) and UWV.nl (Employee Insurance Agency, UWV).
Have you suffered psychological injury due to your work? Contact Arslan & Arslan Advocaten for a free consultation. We will help you claim the compensation you are entitled to.
Read also: Workplace accident: what now? Complete guide to liability
