Workplace accident and liability: when is your employer liable?

In the event of a workplace accident , your employer's liability is the starting point: based on the duty of care in Article 7:658 of the Dutch Civil Code, your employer must ensure a safe workplace, and if they fail to do so, they are liable for the damage you sustain as a result. The law places the burden of proof largely on the employer: it is not you who must prove that they did something wrong, but they must prove that they fulfilled their duty of care. If they fail to do so, you are entitled to compensation for your full personal injury damages — from medical expenses and lost income to pain and suffering.

The short answer

• What: Your employer is liable for injury caused by a workplace accident, unless he proves that he has fully complied with his duty of care (Article 7:658 of the Dutch Civil Code).
• When: for virtually any accident during or in connection with your work — a fall, a machine, exposure to hazardous substances, or a traffic accident during working hours.
• How: hold your employer liable in writing, substantiate the breach of the duty of care, and have your damages assessed by a personal injury expert.
• Costs: in a recoverable case, the liable party also pays your reasonable legal assistance costs (Article 6:96 paragraph 2 of the Dutch Civil Code). In that case, our assistance costs you nothing.

When is your employer liable in the event of a workplace accident?

The core of this is found in Article 7:658 of the Dutch Civil Code. That article obligates your employer to arrange the workplace, tools, and working methods in such a way and to take such measures that you do not suffer harm during your work. If an accident does occur, your employer is liable for the consequences, unless he can demonstrate that he has fulfilled that duty of care — or that the damage is substantially the result of your intent or conscious recklessness.

In practice, the latter is a high hurdle. A moment of inattention, routine, or fatigue does not count as deliberate recklessness; the law actually takes into account that employees are not always equally careful due to the daily grind. As a result, a workplace accident almost always revolves around the question: did the employer do enough to prevent this?

The broad interpretation of the duty of care

Judges interpret the duty of care under Article 7:658 of the Dutch Civil Code broadly . It is not strict liability — your employer does not have to pay for every single accident — but the bar is set high. An employer is expected to:

• actively identifies workplace hazards (think of the legally required risk inventory and evaluation);
• takes concrete safety measures: safety devices on machines, non-slip floors, personal protective equipment;
• gives clear instructions and ensures that they are followed — giving instructions alone is not enough;
• takes into account the empirical fact that employees do not always exercise all due caution.

It is precisely the latter that makes the interpretation broad: the employer must anticipate that people make mistakes and must design the workplace accordingly. A warning sign or a rule in the handbook rarely suffices if a physical measure was also possible. Do you want to know exactly what is stated in Article 7:658 of the Dutch Civil Code? You can read it on wetten.overheid.nl.

Which accidents fall under workplace accident liability?

The duty of care applies more broadly than just “an accident in the office or factory”. Occupational accident liability may include, among other things:

• a fall from a ladder, scaffolding or stairs, or slipping on a slippery floor;
• injury caused by a machine, tool, or forklift without adequate protection;
• collisions on the company premises or a traffic accident during work;
• damage caused by exposure to hazardous substances, noise or vibrations;
• Occupational diseases that only manifest later, such as hearing damage or disorders caused by chemical substances.

If you sustain an injury in traffic while on your way to work, various regulations may apply. In that case, please also read our explanation regarding traffic accidents, and check the hub on workplace accidents for details per situation.

Also Article 7:611 of the Dutch Civil Code: good employership

Sometimes an accident occurs just outside the strict workplace, but is nevertheless closely connected to the work. In such cases, Article 7:611 of the Dutch Civil Code may play a role: the employer's duty to act as a good employer . Based on this, an employer may, for example, be required to take out adequate insurance for employees who participate in traffic for their work — think of a delivery driver or an employee who drives many kilometers.

If the employer fails to comply with that insurance obligation, they may be liable for the damages you miss out on as a result. Article 7:611 of the Dutch Civil Code is therefore a supplement that applies primarily to traffic-related accidents during working hours, which are not always covered by the ordinary duty of care under Article 7:658 of the Dutch Civil Code. Which route is strongest varies by case — a personal injury lawyer will assess this for you.

Agency workers, seconded workers and self-employed persons: Article 7:658 paragraph 4 of the Dutch Civil Code

Are you not directly employed, but working through an employment agency, as a seconded worker, or as a hired worker? Then you are no less protected. Article 7:658 paragraph 4 of the Dutch Civil Code stipulates that the party employing you—the company where you actually perform the job—also has the same duty of care as a regular employer. The hirer is therefore liable for a workplace accident alongside or instead of the employment agency.

This rule exists precisely to prevent you from falling between the cracks because your formal and actual employers are not the same. In many cases, this protection also applies to self-employed professionals performing work that is an extension of the client's business and who find themselves in a similar, dependent position. Are you unsure who your liable party is? Have it assessed — often there are multiple parties to be held accountable.

What do you need to do to hold your employer liable?

A strong case starts with a good file. These steps will help you on your way:

1. Report the accident immediately to your employer and have it recorded in an accident register or incident report.
2. Go to a doctor and ensure your symptoms are medically documented; this will serve as proof of the injury later.
3. Gather evidence: photos of the situation, names of witnesses, your work schedule, and any previous reports regarding the same hazard.
4. Hold your employer liable in writing. In the event of a serious accident, the employer is furthermore obliged to report it to the Dutch Labour Inspectorate; an inspection report can strengthen your case.
5. Engage a personal injury expert who substantiates the breach of the duty of care, calculates your damages, and negotiates with the insurer on your behalf.

Keep in mind that the burden of proof is distributed in your favor: you only need to make it plausible that you suffered damage during work. After that, it is up to your employer to prove that they fully complied with their duty of care. That is precisely why professional guidance pays off — an experienced personal injury firm knows what the employer and their insurer will focus on.

What damage can you be compensated for?

Once liability has been established, you are entitled to compensation for your full damages. This includes, among other things:

• medical costs, rehabilitation and aids;
• loss of income and loss of earning capacity if you cannot return to your work (fully);
• costs for domestic help, adaptations and travel expenses;
• compensation for the suffering and pain inflicted upon you (Article 6:106 of the Dutch Civil Code).

Do you want to know how compensation is calculated? Read our explanation of damages and pain and suffering. For guidelines on careful handling, you can consult De Letselschade Raad.

Honest recommendation

In the event of a workplace accident resulting in injury, engage a specialist as early as possible. The employer immediately has an insurer on their side, and evidence in the workplace disappears quickly. Do you only have minor damage without permanent injury, and is your employer handling everything properly and completely? Then you do not always need a personal injury lawyer — judge by the extent of your complaints. However, as soon as there is permanent injury, lost income, or a dispute regarding liability, professional help is almost always wise, especially since it costs you nothing in a recoverable case.

Do you want to know where you stand? Schedule a free consultation or request a free intake . We will assess your case free of charge and claim your maximum compensation.

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