Injury caused by a machine

What happened?

Machine injury is one of the most serious forms of workplace accident. It happens to people in factories, workshops, construction, agriculture, and the food industry. Examples include entrapment between rotating parts, a cut from a saw or press, an accident involving a forklift, or a hand becoming trapped. The consequences are often severe: broken or shattered bones, amputations, burns, or permanent loss of function.

Many people are too quick to think after such an accident that they made a mistake themselves or were momentarily inattentive. However, Dutch employment law is specifically designed to protect you. The question is not whether you reacted incorrectly for a second, but whether the machine was safe enough and whether your employer fulfilled their duty of care. A moment of inattention is part of the job and is not your responsibility.

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Who is liable? Machine safety and the duty of care

The basis is Article 7:658 of the Dutch Civil Code. This imposes a heavy duty of care on your employer: he must do everything reasonably necessary to prevent you from getting injured. With machines, that duty of care is particularly strict because the danger is so great. Specifically, this means, among other things:

• Safety: moving and cutting parts must be shielded with covers, fences, light screens, or emergency stop buttons.
• Approved equipment: machines must meet safety requirements (CE marking) and must not have been modified in an unsafe manner.
• Maintenance: machines must be regularly inspected and maintained so that safety devices continue to function.
• Instruction and training: you must clearly learn how to operate the machine safely, especially with new or complex equipment.
• Supervision: your employer must ensure that the safety rules are actually complied with, even when there is time pressure.

Your strongest weapon is the reversed burden of proof. You only need to demonstrate that you suffered damage caused by the machine during your work. Subsequently, your employer is liable, unless he can prove that he fully complied with his duty of care. In the case of machine accidents, this rarely succeeds: guarding was often missing, the emergency stop was difficult to reach, or the instructions were insufficient.

The rare exception: intent or conscious recklessness

Your employer can only escape liability if they prove that the accident was the result of your intent or conscious recklessness. That almost never applies. It does not concern an ordinary mistake, but rather the situation where, just before the accident, you were aware of the reckless nature of your behavior and knowingly sought out the danger. The judge sets that threshold extremely high. Your employer's deliberate bypassing of safety measures for the sake of production speed counts against your employer.

Common causes of machine injury

In practice, we see that machine accidents can often be traced back to a limited number of causes, and almost all of them point to a failing employer.

• Missing or removed guarding: the cover or fence intended to shield the rotating or cutting parts was absent or had been removed to allow for faster work.
• Poor maintenance: an emergency stop that did not work, a broken sensor, or a safety device that had been malfunctioning for a long time.
• Inadequate instruction: you were placed on a complex machine without proper explanation or an induction period, especially as a new or temporary employee.
• Time pressure and production pace: the workplace culture was geared towards keeping things running, even if it was unsafe.
• Unexpected start-up: a machine that started up during maintenance or troubleshooting because the power was not safely locked.

Do you recognize your situation in this? Then there is a good chance that your employer has breached their duty of care and is liable.

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Also protected without a permanent contract

Much machine work is performed by temporary agency workers and hired personnel, especially in places where the pace is high. Do you work through a temporary employment agency, are you seconded, or are you hired as a self-employed professional? Then you are just as well protected. Article 7:658 paragraph 4 of the Dutch Civil Code stipulates that the company where you perform the work also has a duty of care towards you. As a temporary agency worker hold both the hiring company and your temporary employment agency liable for your damages.

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

After injury caused by a machine, you are entitled to compensation for all your damages. We distinguish between two types. Material damage includes everything that can be expressed in monetary terms.

• Loss of income: continued payment of wages during illness is for a maximum of two years and is often 70%. You claim the difference between your full salary and subsequent loss of income as residual damage. In the event of permanent loss of function, that loss can be substantial.
• Medical costs: deductible, physiotherapy, medicines, prostheses, aids and rehabilitation.
• Travel expenses: for your visits to doctors and practitioners.
• 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. In the case of serious injury, such as an amputation, this can amount to a substantial sum. Would you like a first impression? Use our tool to calculate your personal injury claim, or view the overview on the compensation.

What should you do after an accident involving a machine?

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

• Take care of your health first: go to the hospital and always have your injury documented.
• Report the accident to your employer: ensure that it is officially registered in the accident register.
• Report a serious accident to the Dutch Labour Inspectorate: your employer is obliged to do so in the event of permanent injury, hospitalization, or death. The Labour Inspectorate often investigates machine accidents particularly thoroughly, and that report is strong evidence.
• Gather evidence: leave the machine in its original condition if possible, take photos of the missing security features, and note 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 part of your damages and, in the event of a justified claim for liability, are paid by the opposing party's insurer.

Especially in cases of machine-related injury, which is often permanent, your damages are easily underestimated by an insurer. An experienced personal injury expert knows the safety standards, the amounts, and the tactics of insurers, and engages a technical expert where necessary to demonstrate that the machine was unsafe. Also, keep the statute of limitations in mind: a claim generally expires after five years. So, do not wait too long. Feel free to contact us for a no-obligation consultation. We will listen to your story, look together at what went wrong with the machine, and tell you honestly and in plain language what you are entitled to. From that moment on, we will handle the liability claim and negotiations, so that you can focus entirely on your recovery.