Fixed-sum insurance · permanent disability · no question of fault
Collective personal accident insurance through Chubb
A group personal accident policy pays out without anyone having to be liable. That makes it something other than employers' liability cover.
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Deze pagina in het Nederlands: Collectieve verzekering voor lichamelijke ongevallen via Chubb.
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
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
A group personal accident policy is a fixed-sum insurance within the meaning of Article 7:964 of the Dutch Civil Code. On death or permanent disability caused by an accident, the insurer pays an amount agreed in advance, regardless of who was at fault and regardless of the actual loss suffered. That is the essential difference from everything built on liability: the question whether you met your duty of care under Article 7:658 of the Dutch Civil Code plays no part here.
Because it is not indemnity insurance, the indemnity principle of Article 7:960 of the Dutch Civil Code does not apply. The payout is therefore not set off against continued payment of wages, a WIA benefit or compensation your employee later obtains through the civil courts. Many employers therefore use the policy as an employment benefit or record it in a collective labour agreement. Do note that some collective agreements prescribe a minimum level. The policy then has to match it.
The cover sits alongside and not instead of other arrangements. Liability for injury to staff runs via the employers' liability section of your public and employers' liability insurance, road accidents during work via WEGAS or WEGAM cover, and continued payment of wages during sickness via a sickness absence insurance. Finass acts as an independent broker and compares several insurers; Chubb is one of the insurers used here.
This page deals with one situation. The full overview is on Compare personal liability insurance (AVP).
What to look out for
Four provisions that determine how much is actually paid after an accident.
The definition of an accident
What is insured is a sudden, external event that directly causes bodily injury. That excludes much of what in practice does lead to absence: a slipped disc without trauma, a back complaint from lifting, burnout or an occupational disease such as hearing damage from prolonged exposure. Illness is not an accident, even where the work is the cause.
Permanent disability and the final medical position
The payout for permanent disability is determined using a disability scale and is only established once the final medical position has been reached. Policies set a longstop period within which that must happen. An existing condition or earlier disability is also deducted. Only the increase caused by this accident counts.
Working hours or twenty-four hours
Cover that applies only during working hours leaves commuting and private life out of account. With 24-hour cover that distinction disappears, which avoids argument about when the accident occurred. With a lot of travelling staff or irregular shifts, that argument is otherwise unavoidable.
What is never paid
Excluded are, among other things, an accident during driving under the influence, taking part in speed competitions and hazardous sports, a a venture in which life is recklessly endangered, injury from a fight the insured provoked, and intent under Article 7:952 of the Dutch Civil Code. Psychological injury without demonstrable bodily injury also falls outside the cover.
What does your premium depend on?
- Number of insured persons: and whether the group is defined by name or by role
- Occupational class: office work is weighted differently from work at height or with machinery
- Period of cover: working hours only, including commuting or full 24-hour cover
- Level of the benefits: on death and on permanent disability
- Area of cover: travel and work outside the Netherlands
- Including hired-in staff in the cover: agency workers, trainees and self-employed contractors
Insurers weigh these details differently. That is where your saving is.
What is covered
| Situation | Personal accident insurance | Employers' liability |
|---|---|---|
| An engineer falls from scaffolding and is left with permanent injury to his arm | Yes | Provided that |
| A trainee is injured by a machine in your workshop | Provided that | Yes |
| An employee is killed while cycling home | Provided that | No |
| A salesperson breaks a leg while skiing on holiday | Provided that | No |
| An employee suffers hearing damage after years of working near noisy machinery | No | Yes |
| An employee is injured while driving a company car under the influence | No | No |
The left-hand column pays an agreed amount with no question of fault. The right-hand column pays the actual loss, but only if you fell short.
Frequently asked questions
This is what people ask us most.
Does this policy replace employers' liability cover?
No. A personal accident policy pays a fixed amount with no question of fault, but it does not remove your liability. If an employee succeeds in showing that you breached the duty of care in Article 7:658 of the Dutch Civil Code, you still owe the full loss. For that you need the employers' liability section on your public and employers' liability insurance.
Is the payout set off against other compensation?
In principle not. Because it is a fixed-sum insurance, the prohibition on a payout exceeding the loss in Article 7:960 of the Dutch Civil Code does not apply here. The payout therefore comes on top of continued payment of wages, a social security benefit or civil compensation. A court may, however, take account of what has been paid when assessing damages, depending on who paid the premium.
Are agency workers and interns covered?
Only if they appear in the description of insured persons. That is not a formality: your duty of care extends under Article 7:658(4) of the Dutch Civil Code to hired-in staff as well, whereas the accident policy often names only employees with an employment contract. Have the group of insured persons described so that everyone working under your direction is included.
Is an occupational disease covered?
No. A personal accident policy requires a sudden external event. Conditions arising from prolonged exposure, such as hearing damage, back complaints or illness caused by hazardous substances, are illness and not an accident. Those claims run via employers' liability or via a sickness absence and income scheme. Only under some policies is acute poisoning or infection from a one-off incident covered.
Read more
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