Direct cover · good employment practice · injury to staff
WEGAS employee injury insurance through Hienfeld
An employee injury insurance pays the injured employee directly, without it first having to be established that you as the employer are liable. That is a different mechanism from the liability section on your AVB.
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Deze pagina in het Nederlands: WEGAS werknemersschadeverzekering via Hienfeld.
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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.
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- 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
The classic route for injury to staff runs through liability. Article 7:658 of the Dutch Civil Code imposes a duty of care on you for a safe workplace, and if you fall short in that you are liable. But not every accident at work is a breach of that duty: a collision for which a third party is responsible, or a fall at a location you had no control over, leaves the employee with their loss. An employee injury insurance fills that gap by compensating the loss directly.
In addition there is a separate obligation arising from Article 7:611 of the Dutch Civil Code : good employment practice means you must arrange proper insurance for employees who take part in traffic for work. If you do not, you can be required to compensate the loss even without a breach of your duty of care. That makes this policy not a luxury but the fulfilment of an obligation, particularly with staff who are on the road every day.
We are an independent intermediary and assess the range of several insurers without being tied to any of them. Hienfeld works as an authorised agent with its own conditions, which mainly means that the description of the group of insured persons and the nature of the work must be recorded precisely. An explanation of the variants and how they differ is set out on WEGAS and WEGAM. You will find other covers through this party under Hienfeld.
This page deals with one situation. The full overview is on WEGAS and WEGAM: what is the difference?.
What to look for with this cover
Four points that determine whether an employee's claim is actually paid.
Who counts as an insured person
The policy names the group: employees under a contract of employment, and often also agency workers, interns, volunteers and self-employed professionals working alongside them. The latter cannot be taken for granted, while your duty of care under Article 7:658(4) of the Dutch Civil Code does extend to hired-in workers. If that group is missing from the description, their injury falls outside the cover while you are still held liable for it.
When is an accident work-related
The cover applies to loss suffered while carrying out work. On commuting the conditions are divided: some policies exclude it, others include it. A staff outing, a training day or a business trip abroad also needs confirmation. Have that boundary recorded, because that is exactly where discussion arises at the moment when there is already an injury.
What is not included
Outside the cover are intent and wilful recklessness on the part of the employee, for which Article 7:658(2) of the Dutch Civil Code also excludes liability, damage to property such as own damage to the vehicle being driven, and illnesses with no demonstrable connection to the work. Exposure to asbestos and other risks with a long latency period usually also fall outside the policy, as do fines.
On what basis does the cover run
Occupational diseases sometimes appear years after the exposure. So check whether the policy is based on the moment of the event or the moment of the notification. On a claims-made basis, prior and run-off risks are decisive: without run-off cover you are on your own once the policy has ended and the claim comes in afterwards.
What does your premium depend on?
- Payroll and number of employees — the usual basis for this cover
- Nature of the work — outdoor work and the use of machinery weigh more heavily than office work
- Size of the circle of insured persons — covering hired-in staff and self-employed professionals costs premium
- How much staff travel — kilometres driven for work increase the risk
- Sum insured per event — and the maximum per insurance year
- Area of cover — work outside the Netherlands calls for a separate assessment
Insurers weigh these details differently. That is why comparing pays off.
Who pays your employee's loss
| Situation | AVB | WEGAS |
|---|---|---|
| A technician falls from a ladder you had not had inspected | Yes | Yes |
| Your sales representative is hit from behind by a hit-and-run driver on a business journey | No | Yes |
| An employee slips on a wet floor at a client's premises, where you had no control | No | Yes |
| An employee is injured on a climbing course during a staff outing | No | Provided that |
| A visitor trips over a pallet in your warehouse and breaks their wrist | Yes | No |
| An employee is off work with burnout after months of persistent overtime | Provided that | No |
The AVB only pays once your liability is established; the employee injury insurance compensates the loss without that question having to be settled.
Frequently asked questions
The questions we are asked most often about this.
Does this policy replace the employer's liability section on my AVB?
No, they complement each other. The AVB section pays where you are liable; this insurance pays the employee's loss even where liability is absent or hard to prove. With a quotation we check how the two policies fit together, so that you do not pay twice and no gap remains between them.
Is an accident insurance not the same thing?
No. A collective accident insurance pays a fixed amount for permanent injury or death, regardless of the actual loss. An employee injury insurance compensates the loss as actually suffered: loss of income, the costs of care and adaptations, and non-material damages. That fits better with a claim based on your duty of care, but the premium is correspondingly higher.
Does the cover also apply to work abroad?
That depends entirely on the territorial scope described. Secondment, installation work or a trade fair visit across the border calls for confirmation in advance. In addition, virtually every policy has a sanctions clause under which countries subject to international sanctions are excluded. Report a structural extension of your operating area in writing; that is part of the duty of disclosure under Article 7:928 of the Dutch Civil Code.
When must I report an accident at work?
As soon as you are aware of it, as Article 7:941 of the Dutch Civil Code prescribes, and in the case of serious injury also immediately to the Dutch Labour Authority. Record the circumstances with photographs, witness statements and the instructions that applied. That file later determines not only the cover, but also your position in the liability discussion that almost always follows.
Read more
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