Accident as a temporary worker

What happened?

You were injured at work, but you are not a permanent employee. You work through an employment agency, are seconded, have a payroll arrangement, or have been hired as a self-employed professional. Workplace accidents happen to flex workers even more often than to permanent employees, and that is no coincidence. You often work at varying, unfamiliar locations, with machines and colleagues you do not know, and you sometimes receive less instruction and training time. That is precisely why the legislator has decided that you deserve extra protection.

Many flex workers forgo their rights because they believe they are not entitled to anything without a permanent contract. Nothing could be further from the truth. In practice, your protection in the event of an accident is just as strong as for a permanent employee, and sometimes even broader, because you can hold multiple parties accountable.

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Who is liable? The double protection of Art. 7:658 paragraph 4 of the Dutch Civil Code

The core of employment law is Article 7:658 of the Dutch Civil Code (BW), concerning the employer's duty of care. The crucial part for you is paragraph 4 of that article. This stipulates that the company where you actually perform the work, the so-called hirer, also has a duty of care towards you, just as if you were employed there.

That means that in the event of an accident, you can hold two parties liable:

• The hirer: the company where you performed the work. They must provide you with the same safe working conditions, instructions, and protective equipment as their own staff.
• The employment agency: as the formal employer, the employment agency also has a responsibility, for example to send you to a safe workplace.

This double protection is a major advantage. You do not have to figure out who is to blame yourself; you can hold both parties accountable, and they must settle it amongst themselves. Here, too, the burden of proof is reversed: you only need to demonstrate that you suffered damage during your work, and the hirer or employment agency is liable unless they prove that they fully complied with their duty of care.

Also for self-employed professionals

The Supreme Court has ruled that Article 7:658 paragraph 4 of the Dutch Civil Code also applies to self-employed professionals, provided they perform work that could also have been done by the company's own employees and they are dependent on that company for their safety. If you work as a self-employed person in production, on a construction site, or in a team, and you are injured due to unsafe conditions, you can therefore simply hold the hiring company liable. Do not let yourself be turned away with the statement that, as a self-employed professional, you bear your own risk.

The rare exception: intent or conscious recklessness

The liable party can only escape responsibility if they prove that the accident was the result of your intent or conscious recklessness. That almost never happens. The judge sets that bar extremely high; an ordinary mistake or a moment of inattention does not count.

Why flex workers face extra risk

It is no coincidence that agency workers and hired personnel are more likely to have an accident. You often start at a new location you do not yet know, with machines and procedures you are not familiar with. The onboarding period is sometimes short, and instruction is frequently neglected during busy periods. Moreover, you are quite often assigned to heavier or riskier work. The legislator has recognized this vulnerability and has therefore provided you with extra protection. The hiring company must never allow you to work less safely than its own staff: the same protective equipment, the same instructions, and the same supervision should apply to you.

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An accident caused by a colleague or the hirer

If you are injured due to a mistake by a permanent employee of the hiring company, you do not need to sue that person. You can hold the company (the hirer) liable, as it is responsible for workplace safety and for errors made by its personnel. Here too, therefore, you do not need to worry about your relationships with individual colleagues. Read more about this on our page regarding accidents caused by colleagues.

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

As a temporary or seconded worker, you are entitled to compensation for all your damages, just like a permanent employee. Material damage includes everything that can be expressed in monetary terms.

• Loss of income: if you are employed by the temporary employment agency, continued payment of wages during illness applies (maximum of two years, often 70%). You claim the difference between this and your full income as residual damage. As a self-employed person, you claim your lost turnover.
• Medical costs: deductible, physiotherapy, medicines, aids and rehabilitation.
• Travel expenses, domestic help, and informal care: free help from family and friends also counts.
• Modifications and loss of self-sufficiency: to your home or car, and chores you can no longer do yourself.

In addition, you are entitled to compensation: compensation for your pain, grief, and the loss of enjoyment of life. Would you like a first impression of your total damages? Use our tool to calculate your personal injury damages, or view the overview on the compensation.

What should you do after the accident?

The steps taken immediately after the accident can make a big difference to your case.

• Take care of your health first: go to the GP or the hospital and always have your injury documented.
• Report the accident to both the hirer and your employment agency: ensure that it is officially registered at both locations.
• Report a serious accident to the Dutch Labour Inspectorate: the accident must be reported in the event of permanent injury, hospitalization, or death. The investigation report is often valuable evidence.
• Gather evidence: take photos of the situation and your injuries, and note down the names of witnesses.
• Do not sign anything: do not enter into negotiations with the insurer yourself.

When do you need an expert?

Professional help 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 liable party. An expert is particularly valuable as a flex worker, because we determine which party (or parties) you can best approach and hold them liable on the correct grounds. Also, take the statute of limitations into account: a claim generally expires after five years. So do not wait too long. Feel free to contact us for a no-obligation, no-obligation consultation. We will listen to your story, determine which party or parties you can best approach, and tell you honestly and in plain language what you are entitled to. From that moment on, we will handle the claim for liability and the negotiations, so that you can focus entirely on your recovery.