People at the workplace
- A falling or swinging load
- Signals to the operator
- Cordoning off the lifting zone
- Also where staff are hired in
Article 6:162 of the Dutch Civil Code · care, custody and control · lifting plan
Liability as a rigger or lift supervisor
In lifting work the damage is rarely small and the question of fault rarely simple. As a rigger or lift supervisor you direct the load, and that makes you one of the first parties people look at.
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Deze pagina in het Nederlands: Aansprakelijkheid als rigger of hijsbegeleider.
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 rigger's liability starts with Article 6:162 of the Dutch Civil Code: anyone who makes a mistake while carrying out their work and thereby causes loss to another has to make it good. A load slung incorrectly, a centre of gravity calculated wrongly, lifting gear that does not match the weight or a wrong signal to the crane operator: each of those can lead to injury or to damage to installations, buildings and the load itself.
If you are an employee, your employer is in principle liable for the mistakes of subordinates (Article 6:170 of the Dutch Civil Code). If you work as a self-employed professional or through an agency or contracting arrangement, the claim usually lands with you or with your client, depending on the contractual arrangements. public and employers' liability insurance (AVB) covers the property damage and injury that follow from it, provided your activities are stated on the policy.
What almost always causes discussion is damage to the load itself. You had it in your care during the lift, and that falls under the care, custody and control exclusion: excluded as standard, sometimes covered on a limited basis for an additional premium. Damage caused by the crane also runs not through the AVB but through the insurance for that plant. See also public and employers' liability insurance for riggers.
Where the claim comes from
Three situations in which a rigger or lift supervisor is held liable.
Installations and surroundings
Damage to buildings, pipework or third-party equipment.
- Contact with existing installations
- Damage to overhead lines or cables
- Business standstill as consequential loss
- Ground and paving
The load itself
The object being lifted that you had in your care during the work.
- Falls under the care, custody and control exclusion
- Excluded as standard on the AVB
- Sometimes can be included to a limited extent
- Often high value per item
What is covered
| Situation | Basic AVB | With care, custody and control cover |
|---|---|---|
| Injury to an employee of the client | Yes | Yes |
| Damage to a building next to the lifting site | Yes | Yes |
| Damage to the load being lifted | No | Provided that |
| Damage caused by the mobile crane | No | No |
| Loss through delay without property damage or injury | No | No |
| Putting right your own defective work | No | No |
What is actually covered, including exclusions, the sum insured and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) you receive before you take out cover.
Where lifting incidents get stuck
Four points that determine who ultimately bears the loss.
The care, custody and control clause hits your work exactly
Property you had in your care — borrowed, hired, being worked on or being handled — is excluded on virtually every AVB. In lifting work that is not a marginal case but the heart of the matter: the load hangs on your lifting gear and you give the signals. Insurers sometimes offer a care, custody and control cover with its own sum insured and excess. Without that extension you pay for damage to the load itself out of your own pocket.
The crane is a separate risk
A mobile crane, telehandler or forklift counts as a motor vehicle or item of plant with its own insurance requirement. For use on the road that follows from Article 2 of the Dutch Motor Insurance Liability Act (WAM). Damage caused by the crane therefore falls outside the AVB. There is sometimes additional cover for the use of plant as a tool. If you work with a crane hire company, record in writing who carries which part of the risk.
Loss through delay is pure financial loss
If a project stands still because a lift fails without anything being broken, the loss is purely financial. Such pure financial loss falls outside the AVB, which insures property damage and injury and the consequential loss from them. If you want to cover this risk, professional indemnity insurance is needed. fines and contractual penalty clauses are not paid either. You cannot insure them.
Intent, recklessness and procedures
Damage caused by intent or wilful recklessness is excluded under Article 7:952 of the Dutch Civil Code. In practice the insurer looks at the procedure followed: was there a lifting plan, had the lifting gear been inspected, was the load calculated, was the zone cordoned off? Departing from recognised rules makes the discussion about recklessness a real one. Report an incident as soon as reasonably possible (Article 7:941 of the Dutch Civil Code) and record the situation in photographs.
What does your premium depend on?
- Nature of the lifting work: standard or complex lifts
- Annual turnover: the main basis for the calculation
- Sum insured: per event and per year
- Care, custody and control cover: the value of the loads to be lifted
- Work locations: industry, construction or petrochemicals
- Staff and hired-in labour: your own people or hired in
Insurers weigh these details differently. That is where your saving is.
How we arrange it
- You request a quoteWe take stock of your situation, risk 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.
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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.
Frequently asked questions
This is what people ask us most.
Who is liable if the load falls: me or the crane operator?
That depends on the division of roles and on the contracts. The rigger is responsible for the slinging, the calculation and the signals. The operator for the operation and the set-up of the crane. When it comes to it injured parties hold everyone involved liable and the apportionment is fought out later between the insurers. A recorded lifting plan is the most important piece of evidence in that.
Is damage to the load being lifted covered?
Not as standard. The load is property you had in your care during the work and therefore falls under the care, custody and control clause. Some insurers offer care, custody and control cover with its own sum insured and a higher excess. If very valuable objects are involved, it is wise to discuss that in advance for each project, because the standard limit can quickly be inadequate.
I am an employee. Do I need insurance of my own?
If you are a subordinate, your employer is in principle liable for the loss you cause during your work on the basis of Article 6:170 of the Dutch Civil Code. You yourself can only be held liable in cases of intent or wilful recklessness. If you also work as a self-employed professional or take on jobs in your own name, you do need your own public and employers' liability insurance.
What do clients usually require?
A valid AVB with a minimum sum insured per event, demonstrably valid certificates and inspected lifting and hoisting equipment. In petrochemicals and on rail and industrial sites, additional requirements are added, such as co-insurance of the client or an indemnity in the contract. Have those contract requirements set against your policy before you sign.
Does the AVB cover the cost of a standstill at the client?
Only if the standstill results from covered property damage or injury. If you damage an installation and production stops as a result, that business interruption loss is consequential loss and it is usually covered. If delay arises without anything being damaged, it is pure financial loss and it falls outside the AVB.
Read more
Within Aansprakelijkheidsverzekering
- Aansprakelijkheidsverzekeringthe main page
- Rigger hijsbegeleider aansprakelijkheidsverzekering
- Rigger hijsbegeleider bedrijfs aansprakelijkheidsverzekering
- Aansprakelijkheidsverzekering rigger zzp
- Rigger aansprakelijkheidsverzekering
- Lassers bedrijfs aansprakelijkheidsverzekering
- Procesoperator bedrijfs aansprakelijkheidsverzekering
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Also relevant
Your lifting work properly insured?
Request a quotation without obligation. We check the care, custody and control cover, the sum insured and the requirements set by your clients.
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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.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.