De aansprakelijkheid van de werkgever voor arbeidsongevallen en beroepsziekten: een rechtsvergelijkend onderzoek

This comparative study is focused on the Dutch employers' liability for occupational accidents and diseases. By comparing this field of law to its own historical origins, as well as to its Belgian and English counterparts (both past and present), it draws three main conclusions. Firstly, that the Dutch civil legislation in this field (s. 7:658 CC) is outdated and in need of modernization. Secondly, that the Dutch legislator made a questionable choice in 1967 by changing the social security law with regard to occupational injuries and diseases from the risque professionnel system to the risque social system. This has led to a juxtaposition between present-day Dutch social security law and the ratified ILO treaty no. 121, to which Dutch law should conform. However, conforming would require an extensive overhaul of the Dutch WIA legislation. Thirdly, that, as the comparative part of the study shows, much of the needs of todayâ?Ts employersâ?T liability law would be met by returning to the risque professionnel system, such as it was in The Netherlands before 1967 and as it still is in Belgium today.

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