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Are your employees disabled by an accident or medical error and someone else is responsible for the damages? In this case, under certain circumstances you as an employer can recover it from the liable party. We would like to tell you how this works.
It is a right to recover what you have paid in compensation for an employee from the party responsible. These are expenses, such as loss of wages, adjustments in the office or replacing the employee, that necessarily have to be incurred.
You may be able to appeal to your insurance company, which will reimburse the liable party for the damages. This insurer will, of course, look to recover damages. It may also be you yourself who claims wages from the person who caused the employee’s disability because there is no insurance coverage. We will be happy to help you recover these damages.
Recourse is recovering from a third party to pay necessary expenses incurred. Often, recourse is the recovery of wage loss by the employer from a third party who may be held liable for the employee’s disability.
Right of recourse is the right to recover what someone has paid for another. It is the right to reclaim what someone has paid for another, for example, for a joint and several co-debtor.
Are your employees disabled by an accident or medical malpractice? Is someone else responsible for the injury? In this case, under certain circumstances, you as an employer can recover your lost wages from the liable party. We will be happy to tell you how this works.
For example, you must continue to pay wages for 104 weeks. You must also bear the costs of reintegration. Such as the costs of health and safety services and the costs of adapting to the workplace, and the costs of personnel management for someone, such as job application training.
If someone else is responsible for your employee’s disability, under certain conditions you can recover lost wages from the liable party. This is called employer’s recourse. Loss of wages is also referred to as wage repayment.
Unfortunately, as an employer you cannot recover all the lost wages from the liable party. For example, you cannot recover the (pension) contributions and taxes that you have to pay on wages. Also, the costs you incur as an employer to deploy replacement staff are not covered by the recovery. What you can recover from the responsible party is the net salary and reintegration costs.
The answer is no. But what can you do?
For all forms of strict liability, wage recourse is excluded. So if your employee has become incapacitated for work and the liable party is liable on the basis of strict liability, recourse to wage loss is not possible.
Do you, as an employer, have to deal with an employee who is unfit for work and do you want to know whether you can recover the loss of wages from the liable party?
Our tax advisors will be only too glad to help you or your accountant, whether your company is established in the Netherlands or abroad. Get expert advice anywhere in the world on national and international taxation.
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If so, then you will want to have your affairs in order. Our tax advisors are more than willing to help you out with taxation matters. Naturally, we can also assist your accountant or advisor regarding international tax advice and transfer pricing.
Over the years, we have built up valuable connections with experts in the Netherlands and abroad. We can increasingly rely on their expert knowledge. In this way, we provide you with the best tax advice, here and abroad.
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