When an employee or other worker is injured in the workplace, it is of great importance that the accident is reported in the correct manner. The legislation concerning workplace accidents is strict: employers must report serious accidents immediately to the Dutch Labour Inspectorate (Nederlandse Arbeidsinspectie).
Yet many employers and employees do not know precisely when an accident must be reported, and what happens afterwards. In this article, Arslan Advocaten explains step by step what the rules are, what you as an employer must do, and what rights a victim has.
When Is There a Workplace Accident?
In short, a workplace accident (or occupational accident) is an accident that occurs during working hours and/or at the workplace. This also includes travel during working hours, for example when you are on your way to a client or a location for your work. An accident that occurs during such a business trip is therefore also considered a workplace accident. Commuting time to and from home (home-work travel) however is not included — accidents during these journeys are not classified as workplace accidents.When Must a Workplace Accident Be Reported?
An employer is obliged to report a workplace accident to the Dutch Labour Inspectorate if at least one of the following situations applies:
- The victim has been hospitalised;
- The victim has suffered permanent injury;
- The victim has died.
This obligation arises from Article 9 of the Working Conditions Act (Arbowet). Failure to report is a punishable offence.
Reporting Minor Accidents
For accidents without hospitalisation or permanent injury, there is no obligation to report to the Inspectorate. However, it is wise to record every accident internally. This can be important for:
- establishing liability;
- insurance claims;
- future occupational health and safety policy.
What Does the Dutch Labour Inspectorate Investigate?
After a report, the Inspectorate investigates whether the employer has complied with legal obligations. This includes:
- conducting a risk assessment and evaluation (RI&E);
- implementing adequate safety measures;
- providing instructions and supervision;
- taking measures to prevent recurrence.
The Inspectorate can impose a fine, a demand for immediate cessation of work, or a corrective order.
Who Is Liable for a Workplace Accident?
According to Article 7:658 of the Dutch Civil Code, the employer is liable for damage suffered by the employee in the performance of their duties, unless the employer can prove that they fulfilled their duty of care.
In practice, this means that the burden of proof lies with the employer: they must demonstrate that all reasonable measures were taken to prevent the accident.
Duty of Care of the Employer
The duty of care means that an employer:
- must provide a safe working environment;
- must give adequate instructions;
- must provide and maintain proper personal protective equipment;
- must actively supervise compliance with safety rules.
If the employer fails in this regard, they are almost always liable.
Employer's Liability: Also for Temporary Workers, Freelancers and Interns
Employer's liability for workplace accidents does not apply only to permanent employees. Also temporary workers, freelancers, and interns fall under the protection of Article 7:658 of the Dutch Civil Code. The client or host company can therefore also be held liable for accidents involving these workers.
What Compensation Can a Victim Claim?
After a workplace accident, the victim can claim full compensation. This may include:
- medical costs;
- loss of income (now and in the future);
- pain, suffering and loss of amenity;
- travel and care costs;
- home modifications or aids;
- loss of self-reliance.
These claims can be substantial, especially in the case of permanent injury.
What Should the Employee Do After a Workplace Accident?
- Seek medical attention — even for seemingly minor injuries.
- Report the accident to the employer — preferably in writing.
- Collect evidence — photos, witness statements, medical records.
- Keep a logbook — note complaints, limitations and treatments.
- Seek legal advice — a personal injury lawyer protects your interests.
Statute of Limitations for Workplace Accidents
A claim for compensation after a workplace accident is subject to a limitation period of five years, commencing on the day after the victim became aware of the damage and the liable party. After this period, the claim may be time-barred.
Fines for the Employer
If the Dutch Labour Inspectorate determines that the employer is at fault, a fine may be imposed. The amount of the fine depends on:
- the seriousness of the accident;
- whether it concerns a first or repeated offence;
- the size of the company.
Fines for serious workplace accidents can amount to tens of thousands of euros.
Frequently Asked Questions
Must every workplace accident be reported to the Inspectorate?
No, only accidents involving hospitalisation, permanent injury or death.
Can the employer be held liable without being at fault?
Yes, the employer is liable unless they prove they fulfilled their duty of care.
What if I am a temporary worker and have an accident at the client?
Both the employment agency and the client can be liable.
Can I claim pain and suffering compensation after a workplace accident?
Yes, pain and suffering (non-pecuniary damage) is a standard part of the claim.
How long do I have to file a claim?
Generally five years from the moment you became aware of the damage and the liable party.
Why Arslan Advocaten?
- Specialised in personal injury and workplace accidents.
- Extensive experience in holding employers liable.
- We operate on a no cure, no pay basis — no financial risk for you.
- Personal attention and clear communication.
Need Help After a Workplace Accident?
Have you or a colleague been involved in a workplace accident? Arslan Advocaten helps you to claim the compensation you are entitled to. Contact us for a free, no-obligation consultation.