Employer Liability for Work-Related Burnout

Work-related burn-out: is your employer liable? | Arslan Advocaten

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 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 are work stress, burn-out and psychological injury caused by work?

Work stress is long-term tension caused by work. It can lead to complaints such as poor sleep, concentration problems, anxiety and exhaustion. 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;
Your personnel file, performance reviews and records of meetings in which you raised the workload or other problems;
Sick-leave and reintegration documents, such as the company doctor’s problem analysis and the plan of action;
Case law and recognition of burn-out as an occupational disease supporting causation.

Keep copies of e-mails, medical records and your own dated notes from the moment the complaints arise. They are often decisive in a later liability claim.

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): The Supreme Court (Hoge Raad) held that Article 7:658 BW is not limited to physical injury: the employer’s duty of care also covers psychological injury caused by the work. The employer must take the measures that are reasonably necessary to prevent the employee from suffering damage.
HR 7 June 2013, ECLI:NL:HR:2013:BZ1717: In a case about RSI, the Supreme Court held that the reversal rule (omkeringsregel) cannot simply be applied where the link between the health complaints and the working conditions is uncertain or indeterminate. The employee must then make the nature and cause of the complaints sufficiently concrete. Courts apply the same reasoning to psychological complaints such as burn-out.
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): The Supreme Court dismissed an employee’s appeal in a case about liability for psychological complaints with an abbreviated ruling under Article 81 of the Judiciary (Organisation) Act, without substantive reasoning. The ruling therefore sets no new rule; the starting point remains that the employee must concretely substantiate which working conditions caused the complaints.
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.

Burn-out or work stress after a labour dispute

Burn-out complaints often arise during or after a prolonged labour dispute, for example a conflict with a manager or a dismissal process. A conflict does not in itself make the employer liable. What matters is how the employer acted: did it take your complaints seriously, try to de-escalate, for example by offering mediation, and follow the company doctor’s advice? Depending on the facts, a claim can be based on Article 7:658 BW or on the employer’s obligation to act as a good employer (Article 7:611 BW).

If you report sick during a conflict, the company doctor assesses whether you are unfit for work due to illness or whether the conflict itself mainly needs to be resolved. During the first two years of illness, your employer cannot in principle terminate your employment by giving notice (Article 7:670 BW). Be careful with a settlement agreement offered during a dispute: it often contains a final discharge clause that may also cover a claim for burn-out damages, and ending your employment while you are ill can affect your benefits. Have it checked before you sign.

If your employer terminates the employment contract or has it dissolved by the court, you are in principle entitled to a transition payment. If the employer acted seriously culpably, the court can also award fair compensation (billijke vergoeding).

Sick leave, reintegration and recovery

If you are on sick leave because of burn-out, your employer must in principle continue to pay at least 70% of your wages for up to 104 weeks, and in the first 52 weeks at least the statutory minimum wage (Article 7:629 BW). Your employment contract or collective labour agreement may provide for more.

Under the Gatekeeper Improvement Act (Wet verbetering poortwachter), employer and employee share responsibility for reintegration. The company doctor draws up a problem analysis, after which you and your employer agree on a plan of action. The employer must offer suitable work and guidance; you must cooperate, follow reasonable instructions and perform suitable work (Article 7:660a BW). Refusing suitable work without good reason can lead to your wages being stopped.

Do you disagree with your employer about your fitness for work or about the reintegration efforts? You can ask the Employee Insurance Agency (UWV) for an expert opinion (deskundigenoordeel). If the employer has not made sufficient reintegration efforts, UWV can extend the wage payment obligation by up to one year. After 104 weeks you can apply for a WIA benefit; this requires a loss of earning capacity of at least 35%.

If your employer is liable for the burn-out, you can also claim damages that wage payments and benefits do not cover, such as the remaining loss of income, lost pension accrual, medical and reintegration costs, and compensation for pain and suffering (smartengeld).

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 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 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 Advocaten for a free consultation. We will help you claim the compensation you are entitled to.

Frequently asked questions about burn-out and work stress

Can I hold my employer liable for burn-out or work stress?

Yes, if you can substantiate that the burn-out arose from concrete working conditions, such as a structurally excessive workload or bullying, and that your employer did not take the measures reasonably required although it knew or should have known about the risk. The employer can defend itself by showing that it met its duty of care or that the complaints have other causes.

How much compensation can I receive for burn-out?

There is no fixed amount. The compensation depends on your actual loss of income, the costs you have incurred and, for pain and suffering, the severity and duration of the complaints, assessed in the light of comparable court decisions. Your damage is calculated individually.

What if I am partly to blame for my burn-out?

Under Article 7:658 BW, your own carelessness does not in principle reduce the claim. The employer is only released if the damage is to a significant extent the result of your intent or deliberate recklessness. The employer may, however, argue that personal circumstances or a pre-existing vulnerability also played a role; that can affect the causal link or the amount of damages.

How long do I have to claim compensation for burn-out?

A claim for damages for personal injury becomes time-barred five years after you became aware of both the damage and the party liable for it (Article 3:310 BW). A written notice in which you clearly reserve your right to compensation interrupts the limitation period. Have your situation assessed in good time.

Do I need a lawyer for a burn-out claim?

It is not mandatory, but it is advisable: the burden of proof for psychological injury is demanding, and employers and insurers often dispute the causal link. If your employer is liable, the reasonable costs of legal assistance are in principle part of the damages (Article 6:96 BW).