Falling at work

What happened?

Falling is one of the most common causes of workplace accidents. It happens to people in all sectors: slipping on a wet or slippery floor, tripping over a loose cable, a pallet lying around or an uneven surface, a misstep on stairs, or a fall from a height from a ladder, scaffolding, roof, or step ladder. A fall from height, in particular, often leads to serious injury, such as bone fractures, back or neck injuries, and brain injuries.

Many people are too quick to think after a fall that it was their own fault: a moment of inattention, wanting to go too fast. But Dutch employment law is specifically designed to protect you. A slight lapse of attention is part of the job and is not your responsibility. The question is not whether you were inattentive for a moment, but whether your employer had made the workplace safe enough.

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Who is liable? The duty of care for a safe workplace

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. In the event of a fall hazard, this means a great deal in concrete terms.

• Slippery or wet floors: clean promptly, dry, and clearly warn with signs.
• Obstacles: keep walkways clear of cables, pallets, and clutter.
• Working at height: sound scaffolding, approved ladders, railings, edge protection, and fall protection such as a harness.
• Lighting and stairs: good lighting and safe, equipped stairs with handrails.
• Instruction and supervision: explanation of how to work safely at height, and checking whether this is being done.

The strongest weapon you have is the reversed burden of proof. You only need to demonstrate that you suffered damage during your work due to a fall. Subsequently, your employer is liable, unless he can prove that he fully complied with his duty of care. And that rarely succeeds in cases of falls, because a safety measure was almost always missing.

The rare exception: intent or conscious recklessness

Your employer can only escape liability if they prove that the fall was the result of your intent or conscious recklessness. That almost never happens. It is not a matter of an ordinary misstep, but rather a situation where, just before the fall, you were aware of the reckless nature of your behavior and knowingly sought out the danger. The judge sets that bar extremely high. Fatigue, routine, or time pressure do not count. So never let anyone tell you that it was entirely your own fault.

Common fall incidents and what they have in common

In practice, we see the same types of falls recurring time and again, and in almost all of them, the employer could have prevented it.

• Slipping in shops, kitchens, and healthcare: a freshly mopped or spilled floor without a warning sign. Your employer must clean *and* issue a warning, and may not leave the workplace slippery.
• Tripping in warehouses and factories: loose cables, pallets, or boxes in walkways. Walkways must be clear and well-organized.
• Fall from a ladder: a shaky, damaged, or improperly positioned ladder, or working on a ladder where a scaffold or mobile scaffold was required.
• Fall from a scaffold or roof: missing railings, edge protection, or fall protection. This often leads to very serious injury.
• Fall down stairs: poor lighting, missing handrail, or a broken step.

What all these situations have in common: a measure that your employer should reasonably have taken was missing. That is precisely why you are in a strong position in the event of a fall.

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Also protected without a permanent contract

Do you work as a temporary agency worker, seconded employee, or self-employed professional—for example, as a hired roofer or painter? 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 employment agency liable. So do not let yourself be turned away just because you do not have a permanent contract.

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

After a fall at work, 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.
• Medical costs: deductible, physiotherapy, medicines, 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 a fall from height resulting in permanent injury, this can amount to a substantial sum. Would you like a first impression? Use our tool to calculate your personal injury damages, or view the overview on the compensation.

What should you do after a fall at work?

The steps you take immediately after the fall 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 your employer: ensure that it is officially registered 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 do so. The investigation report is often strong evidence.
• Gather evidence: take photos of the place where you fell (the slippery floor, the missing fencing, the loose cable) before it is cleaned up, 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 for a fall at work 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.

Sitting on the other side of the table is a professional who wants to pay out as little as possible. Without your own expert, your damages are often underestimated, especially in cases of permanent injury following a fall from height. An experienced personal injury expert knows the amounts, safety standards, and insurers' tactics. Also, keep the statute of limitations in mind: a claim for a workplace accident 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, assess together what went wrong, and tell you honestly and in plain language what you are entitled to. From that moment on, you no longer have to fight the battle with the insurer alone; we will take that completely off your hands so that you can focus on your recovery.