Workplace Accident as a Temp Worker: Who Is Liable?

Temporary workers often work in sectors where physical risks exist, such as construction, logistics and industry. Does something go wrong there and is a temporary worker injured? Then the question immediately arises: who is liable for the industrial accident?

In this blog you can read clearly and practically how liability is arranged, who has what duty of care and what you can do after an accident at work.

What is the employment relationship with temporary work?

Temporary work always involves three parties:

• the temporary worker,

• the employment agency (formal employer),

• the hirer (the company where the work is carried out).

The temporary worker has an employment contract with the temporary employment agency. In practice, however, he or she works under the direction and supervision of the hirer. It is precisely this division that often causes discussion in the event of an industrial accident.

Formal and material employer: what is the difference?

The employment agency is the formal employer. This agency pays the wages and arranges the administration.
The hirer is the material employer. This determines how the work is carried out and supervises the workplace.

In the event of an industrial accident, the law mainly looks at the actual situation. The person who determines the working conditions usually also bears the greatest responsibility.

The hirer's duty of care

The hirer must ensure a safe workplace. This obligation applies not only to permanent employees, but also to temporary workers.

This means, among other things, that the hirer:

• gives clear safety instructions;

• suitable protective equipment provided;

• supervises the work;

• identifies and explains risks in advance.

If this does not happen or does not happen sufficiently, the hirer may be liable for damage following an industrial accident.

When is the hirer liable?

If a temporary worker is injured during work, the following principle applies:

• it has been established that the accident happened during work;

• The hirer must then demonstrate that he did everything to prevent the accident.

If this is not possible, the hirer will in most cases pay for the damage. Think of loss of income, medical costs and compensation.

Does the employment agency also have obligations?

Yes. The employment agency remains responsible for providing good information. The agency must:

• inform about the risks of the work;

• check whether the workplace is safe;

• ensure that the temporary worker knows which rules apply.

If the employment agency fails to do this, the employment agency may also be (jointly) liable.

Multiple parties liable: how does that work?

Sometimes several parties are responsible. This occurs, for example, on construction sites where different companies work together.

In such situations, each party looks at:

• the role on the work floor,

• the degree of supervision,

• and the safety measures taken.

The damage can then be divided.

Does a one-vehicle accident also count as an industrial accident?

Yes. An accident without other people involved can also be an industrial accident. Consider:

• a fall during working hours,

• an accident on the way between two work locations,

• a misstep in performing tasks.

As long as there is a clear connection with the work, the duty of care applies.

Proof and registration: you must do this immediately

After an industrial accident, evidence is crucial. Therefore, take these steps immediately:

1. Report the accident to the supervisor on the work floor.

2. Have an accident report drawn up.

3. Collect evidence, such as photos and witness statements.

4. Make sure that medical documents state the connection with the work.

Without this recording, discussion often arises later.

Report obligation in case of serious industrial accidents

There is a legal obligation to report in the event of serious accidents. That is the case with:

• death,

• hospitalization,

• permanent physical or mental injury.

The notification must be made immediately. If this does not happen, the employer risks significant sanctions.

Insurance in the event of an industrial accident

After an industrial accident, various insurance policies can play a role:

• Liability insurance: pays out if liability is established.

• Workers' compensation insurance: pays out without discussion about fault.

• Collective accident insurance: often offers a fixed benefit in the event of permanent injury.

Which insurance applies varies per situation.

Exception: intent or deliberate recklessness

Only in exceptional cases is the employer not liable. This applies when the temporary worker:

• consciously ignores safety rules,

• or acts dangerously on purpose.

The bar is high. A simple mistake or oversight is not enough.

Can't figure it out after an industrial accident?

Is there still discussion about liability or compensation? Then it is wise to seek legal advice. Especially in the case of personal injury, professional guidance can make the difference.

You do not have to go through this process alone.

Conclusion

In the event of an industrial accident involving a temporary worker, liability usually lies with the hirer, because he or she determines the working conditions. The employment agency also has an important obligation to provide information. Both parties must take their responsibility seriously.

Have you been injured at work as a temporary worker? Then it is important to act quickly and carefully so that you safeguard your rights.