Accident at work

What happened?

A workplace accident, also known as an occupational accident or work-related accident, is a sudden event during or caused by your work that results in physical or mental injury. It can happen to anyone, in any sector. Examples include a fall from scaffolding on a construction site, a cut in the kitchen, being trapped by a machine in a factory, a forklift accident in a warehouse, or overexertion in the healthcare sector.

The place where you work makes no difference to your rights. Whether you work with steel or sit behind a desk: as soon as you are injured at work, it is considered a workplace accident. Accidents during a company outing, training, or loading and unloading can also fall under your employer's responsibility.

Many people are too quick to think it was their own fault after an accident. A moment of inattention, wanting to go a little too fast. But Dutch employment law is designed precisely to protect you. A slight lapse of concentration is part of the job and is not your responsibility.

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Who is liable? Your employer's duty of care

The core of employment law regarding 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 includes safe machinery, clear instructions, proper protective equipment, adequate 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. After that, your employer is liable, unless he can prove that he fully complied with his duty of care. And in practice, that rarely succeeds.

Unsure if your situation qualifies? Then read more about holding your employer liable, or simply discuss it with us in a free consultation.

The rare exception: intent or conscious recklessness

There is only one way for your employer to escape liability: if they 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 momentary lapse in attention, 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 that bar extremely high. Fatigue, routine, time pressure, or a misjudgment do not count as deliberate recklessness. So never let anyone tell you that the accident was entirely your own fault and that you will therefore receive nothing.

Also protected without a permanent contract

Do you work not with a permanent contract, but as a temporary agency worker, seconded employee, on-call worker, or even as a self-employed professional? Then you might think that you have no rights. Nothing could be further from the truth. Article 7:658 paragraph 4 of a temporary agency worker hold both the temporary employment agency and the hiring company liable. 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. So never let yourself be fobbed off just because you do not have a permanent contract.

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Not only accidents: also occupational diseases

Not every work-related injury is caused by a sudden accident. Sometimes you become ill due to prolonged exposure or overexertion at work. Think of hearing damage from noise, back problems from heavy lifting, a lung disease caused by harmful substances, or complaints due to asbestos. In these cases too, your employer is liable based on their duty of care, because they should have protected you. Moreover, for an occupational disease, the statute of limitations only begins to run from the moment you became aware of your illness and its cause, so you are rarely too late. Are you unsure whether your symptoms are caused by your work? Feel free to ask us; a brief check costs nothing.

What damages and compensation for pain and suffering can you claim?

After an accident at work, you are entitled to compensation for all your damages. This is often broader than people think. We distinguish between two types of damage. Material damage includes everything 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, often 70%. The difference between your full salary and any subsequent loss of income is 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 injury makes it necessary.
• Loss of self-sufficiency: chores you can no longer do yourself.

In addition, there is non-material damage: and suffering. This is compensation for the pain, grief, and the loss of enjoyment of life due to your injury. The amount depends on the nature and severity of your injury, the duration of your recovery, and the impact on your life. Would you like a first impression of your total damages? Then use our tool to calculate your personal injury damages, or view a complete overview on the compensation.

How much compensation for pain and suffering is customary?

The amount of compensation for pain and suffering varies widely and 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 work and hobbies. For relatively minor injuries with full recovery, the amount can sometimes range from 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 in the hope that you will settle for it. We know the value of your case and will negotiate until you receive what you are entitled to.

What should you do after an accident at work?

The steps you take immediately after an accident can make a big difference to your case later on. Keep a cool head and pay particular attention to these points.

• Take care of your health first: go to the GP or the hospital and always have your injury documented. This serves as important medical evidence.
• Report the accident to your employer: ensure that it 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 it. The investigation report is often valuable evidence.
• Gather evidence: take photos of the situation and your injuries and write down the names of witnesses.
• Keep all receipts: keep records of expenses for travel, medication, and assistance.
• Do not sign anything: do not negotiate with the insurer yourself and do not sign anything before an expert has reviewed it.

When do you need an expert?

The most important thing 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 seeking help still a wise decision? 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, your damages are often underestimated. An experienced personal injury expert knows the amounts, the legal frameworks, and the tactics of insurers, and ensures that you receive what you are entitled to.

Also take the statute of limitations into account: a claim for 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 will listen to your story, assess your situation, and tell you honestly what you are entitled to.