An employer is responsible for working accidents even when an employee gets in an accident through its own reckless behaviour. Who is to blame plays no role according to the working conditions degree. This according to the Council of State in a higher appeal.

A vegetable processing company had taken legal proceedings against the ministry of Social Affairs and Employment. The company got to fines of the Labour Inspection of a total amount of nearly 8,000 euro. One of the fines was for the accident, the other fine of not reporting the accident in time.

The employer claimed that the accident was caused by a stupidity of the employee and that he could not be fined for this. According to the Council of State it does not matter whether the employee is to blaim, the responsibility for working accidents remain with the employer.

Source: P&O Actueel