The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
We compare the offerings of several insurers
An adviser checks whether the cover suits your activities
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
The losses an occupational health service faces are almost always financial. If a return-to-work process does not run as the Dutch Gatekeeper Improvement Act requires, the benefits agency UWV can require the employer to continue paying wages for longer. That employer then looks to the party that guided the process. Nothing is damaged and nobody is injured: this is pure financial loss and it belongs in the professional indemnity section.
The second risk is the flow of data. You process health data, and that is special category personal data. Between the company doctor and the employer there is a hard dividing line: the employer is told about limitations and possibilities, not about a diagnosis. If that line is crossed, there is unlawful processing and the employee concerned can claim compensation in their own right.
Your services also run on an absence management system. If that goes down, your clients miss their deadlines and financial loss arises again without anything being broken. So for occupational health services we set three covers side by side: professional indemnity, public and employers' liability for injury on site, and cyber.
What does liability cover include for occupational health services?
The structure of the cover in three parts, with an overview per situation below.
The basics
Liability
AVB for property damage and injury, BAV for professional errors.
Damage to third parties
Employers' liability
Care, custody and control as an extension
Your business
Assets and continuity
Business contents, goods and lost turnover during downtime.
Business contents at replacement value as new
Goods at cost price
Business interruption or additional costs
If you employ people
Staff
Sickness absence, accidents and the traffic risk.
Continued pay for 104 weeks
Group personal accident
WEGAS for traffic risks
What is covered
Situation
AVB
BAV
Cyber
Injury to a visitor or customer
Yes
No
No
Damage to a client's property
Sometimes
No
No
Financial loss caused by an advisory or calculation error
No
Yes
No
Downtime after a ransomware attack
No
No
Yes
Data breach involving personal data
No
Sometimes
Yes
Damage to property in your care
No
No
No
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
The wage sanction is the claim
If UWV extends the obligation to continue paying wages because the return-to-work efforts fell short, the employer looks to their occupational health service for recovery. Your defence is the file: what advice you gave, at what point, on the basis of what information, and what the employer did with it. Advice given by telephone and recorded nowhere does not exist in that discussion.
The dividing line between doctor and employer
The company doctor knows the medical situation. The employer only hears about limitations, possibilities and prognosis. If a diagnosis nonetheless ends up in an absence report or in the personnel file, that is unlawful processing and the employee can hold you liable under Article 6:162 of the Dutch Civil Code. Administrative fines from the regulator are not insurable; compensation to the person concerned may be, depending on the circumstances.
Advice that makes the condition worse
If you advise that an employee return to work too soon and their condition deteriorates, they hold their employer liable under the duty of care in Article 7:658 of the Dutch Civil Code. That employer then passes the bill to you. It is then injury caused through advice, which means both the professional indemnity and the public and employers' liability sections come into play. Make sure the two dovetail.
Your systems are your most vulnerable asset
An absence management system contains health data on thousands of your clients' employees. A data breach therefore touches the most sensitive category of personal data, with a duty to notify and possible claims from those affected. A system failure also brings the services of all your clients to a halt at once. Both fall outside an ordinary liability policy and belong on cyber cover with a recovery and a liability element.
What does your premium depend on?
Number of employers connected. The number of contracts and the total number of employees you support determine your exposure.
Company doctor employed or hired in. Whether the company doctor works for you or as a self-employed professional changes who is held liable for the medical work.
Medical procedures. Medical examinations, investigations and measurements are a different risk from purely administrative absence management.
Scale of the data processing. How much health data you store and in which system counts towards the cyber cover.
Sum insured and excess. With financial loss the sum per claim is called on sooner than with classic property damage.
Complaints and claims history. Earlier complaints, disciplinary cases and notifications count in the underwriting and in the pricing.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your activities, turnover and wishes.
We compareseveral insurers, on premium as well as conditions.
You receive a proposalWith an explanation of the differences and the exclusions.
We arrange the switchIncluding cancellation, so there is no gap in cover.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
The employer can try, and whether they succeed depends on your file. What is decisive is whether you gave the advice that a reasonably competent and reasonably acting adviser would have given in that situation, and whether you pointed the employer to their obligations in good time. Recording the date, the advice and the reasoning is therefore the heart of your defence.
Are fines for unlawful data processing insured?
In the Netherlands administrative fines are not insurable. What can be covered is the compensation an employee concerned claims from you and the cost of investigation, notification and legal assistance. That runs through cyber or data protection cover and not through the ordinary public and employers' liability section. So check which of the two you have.
Does my policy cover injury to an employee of my client?
That depends on the route. If someone trips during a consultation at your premises, that is classic injury for the public and employers' liability section. If harm to health arises because your advice was wrong, the claim runs through professional indemnity. So the same event can end up in two different sections, with different sums and excesses.
Do I need public and employers' liability as well as professional indemnity?
As a rule, yes. You receive people at your premises, your staff visit clients and equipment is in use. Those situations produce injury and property damage that the professional section is not intended for. See also liability for small businesses for the structure of that basic cover.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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