Recent case law serves as a reminder that employers are responsible for providing a safe and healthy working environment.
In a recent court case, both the District Court and the Court of Appeal held the employer liable for an employee’s repetitive strain injuries (RSI). Based on an extensive expert report, the courts concluded that the employee had proven that his repetitive strain injuries were caused by the conditions under which he performed his work. Relevant factors included excessive exposure to screen work, a high perceived workload, insufficient rest periods and a working posture that placed continuous strain on the neck and shoulder area. The employer was unable to demonstrate that it had taken sufficient measures to prevent the damage. The employer subsequently appealed to the Dutch Supreme Court. On 12 June 2026, the Supreme Court dismissed the cassation appeal, meaning that it saw no reason to overturn the Court of Appeal’s judgement.
A key takeaway from this case is that employers should ensure that adequate preventive measures are taken and actively monitored in practice to limit the risk of liability. This includes not only providing an ergonomically sound workplace, but also paying attention to workload, sufficient breaks and other measures aimed at preventing repetitive strain injuries.
At the same time, the judgment should not be read as meaning that every repetitive strain injuries claim will succeed. A notable feature of this case was the extensive expert evidence establishing a causal connection between the working conditions and the employee’s complaints. Demonstrating that causal link remains one of the main challenges in repetitive strain injuries litigation.