As a temporary worker, you are at risk of an accident in the workplace, just like any other employee. But who is liable if you sustain personal injury? Is that the employment agency, the hirer (the company where you work), or both?
At Arslan Lawyers we help temporary workers on a daily basis to recover damages after industrial accidents. Our legal assistance is always free, because we recover our costs from the liable party.
Who is liable in the event of an industrial accident involving a temporary worker?
According to the law (Article 7:658 of the Dutch Civil Code), an employer must ensure a safe working environment. This is more complicated with temporary workers because there are two “employers”:
1. The employment agency (formal employer)
They are formally your employer, because you have a contract with them.
2. The hirer (actual employer)
This is the company where you work every day and that determines how you carry out your work.
In practice, the hirer is often the first to be held liable, because this employer is responsible for safety in the workplace. However, the employment agency may also be liable if they have allowed you to work in an unsafe place.
Duty of care of employment agency and hirer
Both employers have a legal duty of care. That means they:
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Must provide a safe workplace
Machines, materials, tools and work areas must be safe. -
Have to provide safety instructions
You must be well informed about the risks of your work. -
Require supervision
It must be checked whether safety rules are being observed.
Is one of these obligations violated?
Then both parties can be held liable.
Joint and several liability: extra protection for temporary workers
Article 7:658 paragraph 4 of the Dutch Civil Code stipulates that the employment agency and the hirer are jointly and severally liable.
This means for you as a victim:
You can choose who you hold liable.
The party you choose must compensate your entire damage. They can find out among themselves who will ultimately pay, but that is not important to you.
This gives temporary workers a strong position and increases the chance that your damages will actually be recovered.
What damages can you claim after an industrial accident?
If temporary worker you are entitled to compensation for both material and immaterial damage.
Material damage
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Medical costs
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Rehabilitation costs
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Travel expenses to doctors and therapists
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Loss of income
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Loss of future earning capacity
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Costs for domestic help
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Adjustments in the home or transport
Intangible damage (punishment)
For pain, sadness, anxiety, long-term stress and impairment of your enjoyment of life.
At Arslan Lawyers we calculate all damages, so that you never miss out on money.
Why do temporary workers choose Arslan Advocaten?
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Always free of charge for victims
We recover our costs from the liable party. -
Specialists in industrial accidents and temporary employment issues
Years of experience with compensation claims for temporary workers in the Netherlands. -
Maximum compensation
We investigate all your damage, both now and in the future. -
Personal guidance
You always have direct contact with your own lawyer.
Contact us immediately
Have you, as a temporary worker, been involved in an industrial accident?
Don't wait too long. The sooner you seek legal assistance, the stronger your case will be.
We are happy to help you and ensure that you get what you are entitled to.