Employer's liability for psychological damage
The legal basis for employers' liability can be found in Article 7:658 of the Civil Code. This article stipulates that the employer is liable for damage that an employee suffers during work, unless he proves that he has fully fulfilled his duty of care. This duty of care applies not only to physical accidents, but also to psychological damage such as burn-out or stress. An employer must therefore ensure a safe working environment — also mentally. He must prevent employees from structurally experiencing too much work pressure, being bullied or not getting enough rest. If he does not do so, he can be held liable for the resulting damage.What falls under work stress and burnout?
Work stress is a long-term form of tension caused by work. This can lead to physical and psychological complaints, such as concentration problems, sleep problems, anxiety, depression and exhaustion. A burnout is the end stage of long-term work stress. Burnout complaints are becoming increasingly common: in 2022, as many as 1 in 6 employees were affected, and the numbers continue to rise. Although work-related factors often play a major role, private circumstances can also contribute to the development of a burnout. So it is not always clear; Work stress usually arises from a combination of high work pressure, insufficient recovery moments and personal factors.Signs of work stress and burnout
Typical signals that may indicate work stress or impending burnout include:- Reduced concentration and memory problems
- Poor or restless sleep
- Irritability or emotional exhaustion
- Recurring feelings of anxiety or sadness
- Physical complaints such as headache or muscle pain
Common causes
- Too high workload or unrealistic deadlines
- Lack of support or guidance
- Bullying or intimidation in the workplace
- Conflicts with colleagues or managers
- Unclear job requirements or structural understaffing
When is the employer liable?
The judge looks at the question of whether the employer has done enough to prevent overload. Three main criteria apply:1. Was there a risk of psychological overload?
If the nature of the work structurally leads to high pressure, the employer must take additional measures. For example, by dividing work, revising deadlines or deploying extra staff.2. Did the employer intervene in time?
When an employee reports complaints or shows signs of stress, the employer must take active action. If he ignores these signals, he violates his duty of care.3. Is there a causal link between work and complaints?
The employee must demonstrate that the complaints were (partly) caused by the work. In principle, the burden of proof lies with the employee, but the bar is not extremely high: it is sufficient to demonstrate that the complaints are related to the working conditions. However, there are strict requirements for providing evidence in the event of a burnout. For example, there must be a clear connection between the illness contracted and the work: it is therefore important to show that the burnout did not (mainly) arise from private circumstances, but is really the result of, or at, work. This means that an employee must demonstrate that work pressure, conflicts or other work-related factors played a decisive role in the development of the complaints. For example, by collecting medical reports, emails about workload or statements from colleagues, the employee can substantiate that work is the main cause of burnout or stress complaints. The employer can then defend itself by proving that it has fulfilled its duty of care or that the complaints have another cause.Evidence on burnout and work stress
Evidence plays a crucial role. Employees can strengthen their case with, for example:- Reports from the company doctor or occupational health and safety service
- E-mail correspondence about workload or complaints
- Witness statements from colleagues
- Personnel files or performance reviews
- Reports of reports of illness or reintegration
Compensation for burnout
The compensation may consist of different items, depending on the situation. Consider:- Loss of income (in case of long-term illness or dismissal)
- Medical expenses that are not reimbursed
- Penalty for psychological suffering
- Loss of pension accrual
- Reintegration costs and legal costs
What must the employer do to avoid liability?
Employers can prevent a lot of misery by taking their duty of care seriously. Important measures are:- Regular workload measurements and discussions about well-being
- Access to confidential counselors and company doctor
- Training for managers in stress recognition
- A well-developed policy against undesirable behavior
- Clear agreements about working hours and accessibility