Workplace accident

What is a workplace accident?

A workplace accident, also known as an occupational accident, is an accident that happens to you during or because of your work. It involves a sudden, unintentional event that causes physical or mental injury. Examples include a fall from scaffolding, entrapment by machinery, a cut, an accident involving a forklift, or even an accident on the road during a business trip.

The place where you work makes no difference. Whether you are on a construction site, working in a factory, in healthcare, in a warehouse, or behind a desk: as soon as you get injured during your work, we refer to it as a workplace accident. It is important to know that accidents during a company outing, team training, or loading and unloading your car can also fall under your employer's duty of care.

Many people are too quick to think after an accident that it was their own fault, that they were momentarily inattentive or made a mistake. However, Dutch employment law is specifically designed to protect you as an employee. A minor lapse of concentration is part of the job and is not your responsibility. Only taking timely action can save you a lot of worry, so always have a workplace accident legally assessed.

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Who is liable? Your employer's duty of care

The heart of employment law regarding workplace accidents is Article 7:658 of the Dutch Civil Code. This article imposes a heavy duty of care on your employer: he must do everything reasonably necessary to prevent you from suffering harm during your work. This means safe machinery, proper instructions, adequate protective equipment, sufficient supervision, and a safe working environment.

The most important thing for you is the so-called reversed burden of proof. Normally, the person claiming damages must prove that the other party did something wrong. In the case of a workplace accident, it is exactly the other way around. You only need to demonstrate that you suffered damage during your work. Subsequently, your employer is liable, unless he can prove that he fully complied with his duty of care. In practice, this rarely succeeds, because the bar is set high.

Many employees do not dare to hold their employer liable out of fear for their job or out of loyalty. Understandable, but unnecessary. Your employer has liability insurance for this. It is not your employer themselves, but their insurer who pays for your damages. It therefore costs your employer nothing out of their own pocket, and we ensure that the relationship remains respectful. Read more about holding your employer liable.

The rare exception: intent or conscious recklessness

There is only one situation in which your employer escapes liability: if he can prove that the accident was the result of your intent or conscious recklessness. This is an exception that almost never applies in practice. It does not concern an ordinary mistake or a moment of inattention, but rather the situation where, just before the accident, you were actually aware of the reckless nature of your behavior and knowingly and willingly sought out the danger.

The judge sets this threshold extremely high. Fatigue, routine, time pressure, or a misjudgment do not count as deliberate recklessness. So never let your employer or their insurer convince you that the accident was your own fault and that you will therefore receive nothing. In the vast majority of cases, that reasoning is legally incorrect.

Self-employed, temporary worker, or seconded employee? You are protected too

Perhaps you do not work under a permanent contract, but as a temporary agency worker, seconded employee, on-call worker, or even as a self-employed professional. In that case, you might think that you have no rights if something happens to you. Nothing could be further from the truth. Article 7:658 paragraph 4 of the Dutch Civil Code stipulates that the company where you actually perform the work—the hirer—also has a duty of care towards you.

This means that, as a temporary worker can hold not only your employment agency but also the hiring company liable. The same applies to self-employed professionals performing contracted work that could also have been done by the company's own staff. The Supreme Court has ruled that these flexible workers, in particular, deserve extra protection because they often work in unfamiliar workplaces and with unfamiliar machinery.

The hiring company must offer you the same safe working conditions as its own employees. If it fails to do so and you are injured, it is liable for your damages. So never let yourself be fobbed off just because you don't have a permanent contract. You are in a much stronger legal position than you probably think.

Occupational diseases and asbestos

Not every work-related injury is caused by a sudden accident. Sometimes you become ill due to prolonged exposure at work. Think of burnout caused by structural overload, hearing damage from noise, back problems from heavy lifting, skin conditions caused by chemicals, or a lung disease caused by inhaling harmful substances. We call this an occupational disease.

A particular and unfortunately common example is exposure to asbestos. Diseases such as mesothelioma (pleural cancer) may not manifest until decades after exposure. Even then, your employer is liable based on their duty of care, because they should have protected you against the dangers of asbestos.

In the case of occupational diseases, proof of the causal link plays an important role. You must make it plausible that your symptoms were caused by your work. This is more complex in the case of latent diseases than in the case of an accident, but certainly not impossible. Where necessary, we engage medical experts and occupational hygienists to demonstrate this link.

Pay attention to the statute of limitations. For an occupational disease, the limitation period only begins to run from the moment you became aware of your illness and the possible cause, not from the exposure itself. If you have just become ill, you are therefore rarely too late. Are you in doubt? Feel free to ask us; a quick check costs nothing.

An accident on the way to work

You can also be protected outside your employer's premises. If you have a traffic accident during working hours, for example as a delivery driver, mechanic, sales representative, or chauffeur, this falls under your employer's liability. In addition to Article 7:658 of the Dutch Civil Code, Article 7:611 of the Dutch Civil Code plays a role here: the standard of good employership.

Based on this principle of good employership, your employer must provide adequate insurance for employees who are exposed to danger in traffic. If he fails to do so and you are injured in a traffic accident during working hours, he may be liable for your damages, even if he is otherwise not at fault. This applies to accidents involving cars as well as bicycles or scooters.

For regular commuting, the situation is more nuanced and protection usually does not apply, but there are exceptions, for example if the transport is effectively part of the work. Are you unsure whether your situation falls under this? Let us know, and we will review it with you without obligation.

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What damages can you claim?

After a workplace accident, you are entitled to compensation for all your damages. These damages are often much broader than people think. We distinguish between two types of damage. Material damage includes all costs and lost income that can be expressed in monetary terms.

• Loss of income: in the event of illness, your employer continues to pay your salary for a maximum of two years, in many cases 70%. The difference between this and your full salary, and any subsequent loss of income, constitutes residual damage that you can simply recover.
• Medical costs: deductible, physiotherapy, medicines, aids and rehabilitation.
• Travel expenses: trips to the hospital, the physiotherapist, or the specialist.
• Domestic help and informal care: the help that family and friends give you for free also counts.
• Modifications: to your home or car if necessary due to your injury.
• Study delay and loss of self-reliance: chores you can no longer do yourself.

In addition, there is non-material damage: compensation for pain and suffering. This is compensation for the pain, grief, loss of enjoyment of life, and everything you can no longer do due to the injury. Would you like a first impression of the scope? Then use our personal injury calculation tool. You can find a complete overview of all items on the compensation.

How much compensation for pain and suffering will you receive?

Pain and suffering compensation is the reimbursement for your suffering and the loss of quality of life. The amount depends on many factors: the nature and severity of your injury, the duration of your recovery, whether there are permanent symptoms, your age, and the impact on your daily life, your work, and your hobbies.

The amounts vary widely in the Netherlands. For relatively minor injuries resulting in full recovery, it sometimes involves a few hundred to a few thousand euros. In the case of serious and permanent injury, such as an amputation, spinal cord injury, or severe brain injury, compensation for pain and suffering can run into tens of thousands or even well over a hundred thousand euros. Insurers often offer an amount that is too low, hoping that you will settle for it. We know the value of your case and will negotiate until you receive what you are entitled to. Read more about compensation for pain and suffering and how it is determined.

What should you do after a workplace accident?

The steps you take after an accident can be of great importance to your case file later on. Keep a cool head and pay particular attention to the following points.

• Take care of your health first: go to the GP or the hospital and always have your injury documented. This is also important medical evidence.
• Report the accident to your employer: ensure that the accident is officially registered, for example in the accident register.
• Report a serious accident to the Dutch Labour Inspectorate: in the event of permanent injury, hospitalization, or death, your employer is obliged to report the accident. The Labour Inspectorate's investigation report is often valuable evidence.
• Gather evidence: take photos of the situation and your injuries, and write down the names of witnesses and colleagues who saw it happen.
• Keep all receipts: keep records of expenses such as travel, medication, and assistance.
• Do not sign anything: do not enter into negotiations with the insurer yourself and do not sign anything before an expert has reviewed it.
• Engage a personal injury expert quickly: the sooner we get involved, the stronger your case and the easier it is for us to secure the evidence.

Do I need a personal injury expert or a lawyer?

The most important thing you need to know: professional assistance for a workplace accident costs you nothing. This is regulated in Article 6:96 of the Dutch Civil Code. The reasonable costs of legal assistance are covered by your damages and, in the event of a justified claim for liability, are paid by the opposing party's insurer. Therefore, you never have to reach into your own wallet.

Why is it still wise to enlist help? Because the insurer on the other side of the table is a professional with only one goal: to pay out as little as possible. Without your own expert, there is a high chance that your damages will be underestimated and you will be shortchanged. An experienced personal injury expert knows the amounts, the legal frameworks, and the tactics of insurers.

In many cases, a personal injury expert can provide you with full assistance. Should it nevertheless come to court proceedings, we will engage a specialized personal injury lawyer. It is also important to remember the statute of limitations: a claim arising from a workplace accident generally expires after five years, so do not wait too long to take the first step.

We are ready to assist you with a no-obligation, no-obligation consultation. We listen to your story, assess your situation, and tell you honestly what you are entitled to. One phone call is all it takes to hand over the fight with the insurer and focus on your recovery again.