Have you been injured in an accident at work? In many cases you can then hold your employer liable for your damage. This also applies if a colleague made the mistake or if you partly caused the accident yourself. Holding an employer liable in the event of an industrial accident is often easier than employees think, because the law strongly protects you as an employee.
Occupational accidents are unfortunately common. The severity of such an accident can range from a minor cut or broken bone to serious brain injury or even worse. Every year, thousands of employees suffer personal injury due to an industrial accident. Sometimes the injury is limited, but in other cases the consequences are drastic and long-lasting. Whether it concerns a slip on a slippery floor, an accident with a machine or another incident in the workplace—the impact on your life can be significant. It is therefore important to know that you are entitled to compensation if you are injured at work.At Arslan Lawyers we assist victims of industrial accidents throughout the Netherlands. Our legal assistance is always free, because we recover our costs from the liable party.
When is an employer liable in the event of an industrial accident?
Employers have a legal duty of care. This means that they must ensure:
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A safe workplace
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Good safety instructions
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Monitoring compliance with safety regulations
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Safe tools, machines and materials
If an employer violates this duty of care and you suffer personal injury as a result, the employer is liable for your damages.
✔ Employee proof requirement
As an employee you must prove two things:
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That the accident happened at work
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That you have suffered damage
Do you meet this requirement? Then the burden of proof shifts. The employer must then prove that:
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he has met all safety obligations,
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or that your damage is not due to the industrial accident.
In practice, employers rarely succeed in this.
Exceptions from employers' liability
An employer is not liable if:
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you caused the accident intentionally, or
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you consciously acted recklessly.
Deliberate recklessness means that someone consciously and deliberately takes a major risk. This is very strict in case law: it must really involve acting knowingly and intentionally.
Important: the employer must prove this, not you.
Does employer liability also apply to temporary workers, trainees and volunteers?
Yes. The employer's duty of care applies to:
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Employees
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Secondment employees
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Interns
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Volunteers
Are you, as temporary worker or trainee victim of an industrial accident? Then you can hold your employer liable just as much as any other employee.
The law states that if you perform work that is normally part of the company, and you work for the company on a structural or regular basis, the employer's duty of care also applies to you. This means that the company where you work can be responsible for your safety - even if you do not formally have an employment contract with this employer. Think of employment agencies, cleaning companies or platforms where freelancers work. In short: do you carry out work that fits within the daily work of the company? Then in many cases the responsibility for a safe workplace and good instructions also lies with the company where you work, even if you do not have a permanent appointment.Who has to prove what in the event of an industrial accident?
✔ Your burden of proof as an employee
You must demonstrate that:
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the accident occurred during your work
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you have suffered damage
✔ Employer's burden of proof
The employer must prove that:
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he has fully fulfilled his duty of care
or -
your damage is not caused by the accident
or -
there was intent or deliberate recklessness
This gives you a legally strong position as an employee.
Examples of an industrial accident
An industrial accident can occur in many ways. For example:
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You fall on a wet, unmarked floor.
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A machine breaks down and you are injured.
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You will experience burnout due to structural overload.
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Falling objects cause head or back injuries.
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You are not sufficiently informed about the use of tools.
In all these cases there may be a violation of the duty of care.
What if the accident happens on the road?
An accident during commuting usually does not fall under employer liability.
But when:
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you are on your way to an appointment at the request of the employer,
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you will be deployed to different locations,
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you incur travel hours that are part of your work.
We are happy to assess whether your damage can still be recovered.
Am I personally liable for damage I cause at work?
In most situations the employer is responsible for industrial accidents, but there are exceptions where the employee himself is liable for his personal injury. This is especially important when there is intent or deliberately reckless behavior on the part of the employee. Examples include:- An employee who deliberately ignores safety instructions.
- Someone who, out of wantonness or as a joke, performs dangerous actions in the workplace.
- Situations where the employee is very aware of the risks, but still ignores them.
How does the judge view the employee's behavior?
Although employers are often liable for industrial accidents, thejudge always looks at the circumstances of the case. Did the employee consciously behave recklessly or even deliberately? Then that liability often lapses. For example, the judge judges:- Experience of the employee: If the employee has a lot of experience and knowledge of the risks, the judge expects him to be extra careful.
- Own responsibility: Could the accident have been prevented if the employee had followed the instructions or used the correct protective equipment?
- Awareness of risks: Did the employee know about the hazard and nevertheless act carelessly?
Occupational diseases due to working conditions: when does the employer have liability?
Not only accidents, but also illnesses can be the result of your work. Consider conditions caused by long-term exposure to harmful substances or poor working conditions. Examples are:- RSI (Repetitive Strain Injury), common with repetitive movements or working at a computer without good ergonomics;
- OPS (“painters disease”) due to contact with solvents in paints and varnishes;
- Contact eczema, for example in hairdressers due to frequent contact with chemicals;
- COPD or certain forms of cancer after working with substances such as asbestos or chromium-6;
- PTSD (post-traumatic stress disorder), often occurring in professions such as defense, police or care.
What about the liability for accidents of self-employed persons, temporary workers, interns or volunteers?
Not only permanent employees are protected in the event of an industrial accident; Self-employed persons, temporary workers, interns and volunteers can also hold the employer liable in certain cases. In many industries it is very common to work with these groups, and the law provides for their protection. The employer may also be responsible when:- The work is part of the regular work within the company.
- The self-employed person, temporary worker, intern or volunteer regularly works for the company, making his position similar to that of an “ordinary” employee.
- The employer behaves as a client who is responsible for safety in the workplace.
What should an employer do after an industrial accident?
After an industrial accident, it is crucial that the employer acts carefully and expeditiously, precisely to arrange the situation as best as possible for everyone involved. Regardless of the precautions taken, the employer remains responsible in many cases for the correct handling of the incident. Here are the most important steps that an employer must take immediately:- Create an accident report Record exactly what happened, what the likely cause was and what preventive measures were taken. A clear report provides insight for all parties.
- Report to the appropriate authorities In the event of serious occupational accidents – such as hospitalization, permanent injury or death – it is legally required to immediately report to the Dutch Labor Inspectorate (formerly SZW Inspectorate). Are you unsure whether notification is necessary? Then err on the side of caution and call the labor inspectorate. A negligent report may lead to a fine.
- Inform insurance company Bring the industrial accident to the attention of the insurer or intermediary as soon as possible. Please include relevant documents, such as the accident report.
- Collaborate on research Always cooperate with any investigation by the labor inspectorate or insurer. Openness and cooperation often speed up settlement and provide clarity about liability.
What about traffic accidents during working hours?
Traffic accidents may also fall under the employer's liability. For example, if you are on the road for work during working hours - such as outside appointments or transporting goods - and you are involved in an accident, this is usually regarded as an industrial accident. In such a situation, the employer often has to compensate the damage. This obligation usually does not apply to regular commuting (your regular route from home to the office). However, there are exceptions. For example, do you work at different locations, are you temporarily deployed on a project far from your usual workplace, or do you bring your colleagues with you at a higher travel allowance than normal? In such special cases, the employer may still be liable for personal injury in the event of an accident en route. Are you unsure whether your situation falls under this? Then we would be happy to look at the possibilities with you.Legal basis for liability for self-employed persons and other non-permanent employees
Not only permanent employees are protected by the law. Self-employed persons, temporary workers, interns and volunteers who perform work for a company can also in many cases be entitled to the same protection as permanent employees. The following applies to this group:- Article 7:658 of the Dutch Civil Code: Under this article of law, a company can be liable for damage to others who work under similar circumstances as regular employees, for example when they structurally participate in daily business activities. This concerns situations in which a self-employed person, temporary worker or volunteer performs work that is an integral part of business operations.
- Article 6:162 of the Dutch Civil Code (unlawful act): If someone falls outside the scope of protection of Article 7:658 of the Dutch Civil Code, this article of law offers a safety net. As a self-employed person or other flexible worker, you can hold a company liable if the client does not take sufficient care of your safety during work.
Is the employer also liable in the event of an accident on the road?
Injury can occur not only in the workplace, but also along the way. Suppose you become involved in a traffic accident during working hours, for example during a business trip or when you are between differentlocations travels for your employer. In these types of cases, there is a good chance that the employer is liable for the damage, because this is considered an industrial accident. For normal commuting - i.e. the daily drive from home to a permanent workplace - this liability usually does not apply. Yet there are exceptions:-
- Multiple workplaces: Do you always work at changing locations, which means your travel pattern is not standard?
- Special compensation: Do you receive a higher compensation than normal for riding with colleagues?
- Multiple workplaces: Do you always work at changing locations, which means your travel pattern is not standard?
Why business liability insurance is essential
An industrial accident can entail unexpected and sometimes high costs. If it turns out that the employer is liable, the employee is entitled to compensation. The amount varies per situation, but can be significant—think of medical costs, lost income and other additional expenses. Taking out business liability insurance is therefore crucial for any business. With such an insurance policy you not only protect your company against financial risks, but you also ensure that your employees do not get in trouble as a result of an accident in the workplace. This reduces the risk of long-term financial problems for both yourself and your employees. This way, as an employer, you are assured of an extra layer of security if something goes wrong.In which sectors do industrial accidents occur most often?
Occupational accidents most often occur in sectors where heavy machinery, tools or hazardous substances are used. Consider, for example, the construction sector, production companies, warehouses and factories. Employees are also at increased risk of injury from accidents at locations such as logistics centers and during industrial work. In these environments the risk of an accident is simply higher due to the nature of the work and the conditions on the work floor.What is an accident report and why is it important?
An accident report is a written record of the industrial accident. Here you carefully record what happened, what the cause was and what measures had already been taken at that time to prevent the accident. This document is of great importance because it serves as evidence in determining liability. Ensure the report is as complete as possible by including the following information:- Date, time and location of the accident
- Names of those involved and any witnesses
- Photos of the situation or injury
- A clear description of what exactly happened
How do I hold my employer liable after an industrial accident?
Follow these steps:
1. Collect evidence
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Photos of the situation
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Statements from colleagues
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Incident reports
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Description of your injury
2. Report the accident to your employer
Have the accident recorded in the company report.
3. Let Arslan Advocaten hold the employer liable
We take over all communication and hold the insurer liable.
4. Claim your full compensation
We ensure that you receive the maximum compensation.
When must an employer involve the Labor Inspectorate?
In case of serious accidents, such as:
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hospitalization
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permanent injury
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death
The employer must report the accident immediately to the Labor Inspectorate. Doesn't he do this? Then he risks a fine.
What damages can you claim after an industrial accident?
You can recover the following damages, among others:
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Medical costs
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Rehabilitation costs
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Loss of income
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Future loss of earning capacity
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Travel expenses
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Household help
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Adjustments in the home or transport
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Penalties
We will fully calculate your damage and ensure that you don't miss anything.
What if the employer disputes liability?
Then:
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we will contact the Labor Inspectorate for an investigation
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we collect additional evidence
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We negotiate with the insurer
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If necessary, we will initiate legal proceedings
You are never alone.
Why Arslan Lawyers?
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Free legal assistance (we recover costs from the liable party)
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Maximum compensation
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Personal guidance
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Specialists in industrial accidents
Contact us
Do you want to hold your employer liable in the event of an industrial accident or do you want to know what you are entitled to? Contact us via our form. We will handle your case immediately.