Liability
- Damage to third parties
- Employers' liability
- Care, custody and control as an extension
Liability for occupational health services
An occupational health service is rarely held liable for injury, but for the bill the employer receives after a sickness absence case has gone wrong.
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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
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
- Independent advice
- Several insurers
- Switching arranged
- Help with claims
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.
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We compare your personal liability insurance (AVP) across dozens of insurers, explain where the real differences lie, and arrange the switch from start to finish — without you having to chase it yourself.
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What does liability cover include for occupational health services?
The structure of the cover in three parts, with an overview per situation below.
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
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.
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.
Why arrange it through Finass Verzekert?
We look at the terms as well as the premium, and stay your point of contact when there is a claim.
Independent
We are not tied to one insurer and compare on the basis of an objective analysis of several companies.
One fixed adviser
You call or email someone who knows your file. No menu options, no changing call centres.
Switching without hassle
We cancel your old policy and align the start date, so you are never a day without cover.
Help with claims
We report the claim and monitor how it is handled. In urgent cases you can reach us on the emergency line.
9.5New policy
9.8Claims handling
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.
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.
Frequently asked questions
This is what people ask us most.
Can a wage sanction be recovered from me?
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.
Every situation is different. For these situations we have a separate page.
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Ready to compare?
Request a quote without obligation. We will look at which insurer best matches your activities and your risk.
Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
Claim on the road? Emergency line 06 - 55 20 40 72.
About our service
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.
You will find our licence, KvK and Kifid details and our complaints procedure at the foot of every page.
This page was compiled by Finass Verzekert (LinkedIn). Last updated on .
The information on this page is general in nature and is not personal advice.