Accident at work: your rights as an employee

If you have had an accident at work , as an employee you are entitled to compensation for your damages from your employer in almost all cases. This is due to the duty of care under Article 7:658 of the Dutch Civil Code: your employer must ensure a safe workplace and is liable for your injury, unless he can prove that he has fulfilled that duty of care. The burden of proof therefore lies with the employer, not with you. In practice, this means that a workplace accident is almost always recoverable, and that the damages are paid by the employer or their liability insurance — not out of your own pocket.

The short answer

• What: injury resulting from a work accident falls under your employer's statutory duty of care (Article 7:658 of the Dutch Civil Code); in principle, he is liable for your damages.
• When: for any accident during or caused by your work — a fall, a machine, a construction site accident, RSI, or a traffic accident during working hours.
• Burden of proof: you only need to demonstrate that your injury occurred at work; the employer must prove that he did everything to prevent it.
• Who pays: the employer or their liability insurance. Your colleagues or your job are not put at risk because of this.
• Costs: in a recoverable case, the liable party also bears your legal assistance costs (Article 6:96 paragraph 2 of the Dutch Civil Code). In that case, our assistance costs you nothing.

Your employer's duty of care (Article 7:658 of the Dutch Civil Code)

The core of employment law regarding accidents is the duty of care. Article 7:658 of the Dutch Civil Code stipulates that an employer must provide such measures and instructions that you do not suffer harm during your work. Specifically, this means, among other things:

• make safe machines, tools and protective equipment available;
• provide clear instructions and adequate supervision, even during routine work;
• identify and eliminate risks (the RI&E, risk inventory and evaluation);
• Take inattention into account — employees simply make mistakes due to habit.

The duty of care is strict. An employer cannot evade responsibility by claiming “the employee should have paid more attention.” Liability is only waived in cases of intent or conscious recklessness on the part of the employee, and this is rarely accepted in case law. If you want to know how this applies to your situation, please visit our page on workplace accidents and personal injury.

The burden of proof lies with the employer

This is what makes a workplace accident so legally favorable for you as an employee. In most personal injury cases, the victim must prove the other party's liability. With Article 7:658 of the Dutch Civil Code, that is reversed:

• You demonstrate that you suffered damage in the performance of your work — meaning that the accident occurred during working hours or as a result of work.
• The employer must subsequently prove that he fulfilled his duty of care, or that the damage would also have occurred if compliance had taken place.

If the employer fails to provide that proof — and often does not succeed — then they are liable. That is why it is important that the accident is properly documented: report it to your employer, have it registered, and keep photos, names of witnesses, and your medical records. A personal injury lawyer will help you complete this file.

Which accidents are covered?

A workplace accident is broader than just a fall or a machine incident. Common situations:

• falling from a ladder, scaffolding or stairs, or slipping on a wet floor;
• injury caused by machines, tools, or falling objects, often on construction sites or in manufacturing;
• collisions with a forklift or commercial vehicle on the premises;
• a traffic accident during working hours, for example as a delivery driver or in the field;
• gradual injury such as RSI, back problems, or hearing damage due to poor working conditions;
• exposure to hazardous substances.

Psychological injury or an occupational disease can also fall under the duty of care. Unsure if your situation falls under it? Simply have it assessed — it is free and without obligation.

Who pays for your damages?

The damage is not paid for by you, nor directly by your supervisor or colleagues. Virtually every employer has business liability insurance that covers exactly this type of damage. In practice:

• you (or your representative) hold the employer liable pursuant to Article 7:658 of the Dutch Civil Code;
• the employer engages his general liability insurer;
• that insurer handles the claim with you (or your lawyer).

Many employees do not dare to hold their employer liable for fear of losing their job. Understandable, but unnecessary: ​​you claim from the insurer, not from your employer personally. It concerns a normal, insured event. You can read what you can claim under compensation and pain and suffering.

What can you claim after a workplace accident?

You are entitled to compensation for your full damages — not just the direct costs. Consider:

• loss of income, including in the case of partial disability or a lower future salary (loss of earning capacity);
• medical costs, deductible, aids and rehabilitation;
• domestic help and care assistance;
• travel expenses to doctors and practitioners;
• compensation for physical and mental suffering (Article 6:106 of the Dutch Civil Code).

A specialized personal injury expert maps out all these items with supporting evidence and applies for an advance payment where possible, so that you do not wait months for money. You can also find the official overview of damage items at De Letselschade Raad.

Self-employed, temporary worker, or intern: also protected

The duty of care protects not only people with a permanent contract. Article 7:658 paragraph 4 of the Dutch Civil Code extends this protection to others who perform work on commission:

• Temporary agency workers and seconded employees can hold both the employment agency and the client (where you actually work) liable; the client has a duty of care regarding the workplace.
• Self-employed professionals who structurally perform work that is part of the client's business can often hold that client liable under Article 7:658, paragraph 4 of the Dutch Civil Code. Whether this is successful depends on the situation — have it assessed.
• interns and volunteers are also subject to the duty of care of the organization where they work.

Do you work as a self-employed professional and do not have disability insurance? Then it is especially important to investigate whether you can recover your damages from the client.

The role of the Labour Inspectorate (Dutch Labour Inspectorate)

In the event of a serious workplace accident — resulting in hospitalization, permanent injury, or death — your employer is legally obliged to report this immediately to the Netherlands Labour Inspectorate (formerly the Inspectorate SZW). The Inspectorate:

• investigates what happened and whether the employer violated the safety rules;
• can impose a fine and draw up an accident report (fine report);
• That report often provides valuable evidence for your damage claim.

Please note: the Labour Inspectorate does not handle your compensation. A fine imposed on the employer will not reach you. You must file a separate civil claim for your own damages. However, the inspection report can strongly support that claim, as it objectively documents the failure in the duty of care.

Honest recommendation

For any workplace accident involving more than just a scratch, it is wise to have your case assessed—precisely because the burden of proof lies with the employer and the damages are paid by their insurer. Do you only have minor complaints that clear up within a few days and no costs or absence from work? Then you do not need a personal injury lawyer or legal expert; that would be excessive. However, in cases of absence from work, permanent complaints, or loss of income, professional help is almost always advisable, especially since it costs you nothing in a recoverable case. We will tell you honestly whether it makes sense.

Do you want to know where you stand? Schedule a free consultation or request a free intake . As a specialized personal injury firm, we assess your case free of charge and claim your maximum compensation from the employer or their insurer. You can read the full text of the duty of care at wetten.overheid.nl (Article 7:658 BW).

Frequently Asked Questions