Accident at work and returning to your home country

Returning to your home country after an accident at work: does your claim continue?

Returning to your home country does not mean your compensation claim lapses. If the accident happened in the Netherlands while you were working for a Dutch employer or hirer, Dutch law will in principle continue to apply and you can pursue your case from abroad. What does change is the practical side: the medical examination, proof of your income and contact with your lawyer all call for different arrangements.

Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist areas for employment law and personal injury. Content reviewed on 17 September 2026.

Does Dutch law still apply?

As a rule, yes. In the case of an accident at work in the Netherlands, Dutch law usually applies and a Dutch court can rule on the case. In addition, under an employment contract an employee can bring a claim against the employer in the country where he or she habitually works.

This is not automatic, however. Where someone is posted from abroad, where the employer is foreign, or where a chain of companies spans several countries, it has to be established case by case which law applies and which court has jurisdiction. Have that determined before you start proceedings; it also decides which limitation period applies.

That last point matters. In the Netherlands, a personal injury claim becomes time-barred five years after the day on which you became aware of both the damage and the liable party (Article 3:310(5) of the Dutch Civil Code). Other countries have shorter limitation periods. So do not wait until you are back in the Netherlands.

Secure your evidence before you leave

Once you have left, it is harder to obtain documents in the Netherlands. Before you go, make copies of your employment or agency contract, payslips, placement details, the accident report and your correspondence with the employer, hirer or insurer. Write down the full legal names of the agency and of the company where you worked, and the names of contact persons and witnesses. Camera footage and other work records are often kept only for a short time, so ask in writing for them to be preserved as soon as you know you are leaving.

Take your medical information with you as well, such as discharge letters, reports and a list of appointments. A doctor in your own country does not automatically have access to your Dutch file. You can ask your Dutch healthcare provider for a copy of your file (Article 7:456 of the Dutch Civil Code). Keep foreign medical reports in the original language alongside the translation; a translation must not change a diagnosis or conclusion.

Medical examination from abroad

In a personal injury case, your injury is usually assessed by an independent medical expert. If you live abroad, three things come into play.

Foreign medical records can be used, but they must be translated and traceable: who examined you, when, and what the findings were. Loose prescriptions or appointment slips say too little.
The expert examination itself often takes place in the Netherlands. The insurer should reimburse the travel and accommodation costs involved; agree on this in advance. An examination by an expert in your own country is sometimes possible, if both parties agree.
Continuity counts. Keep receiving treatment and make sure your doctor at home records your symptoms and how they develop. A long period without medical records can later be used against you.

Proving loss of income after you return

In practice this is the most difficult part. Your loss is the difference between what you would have earned without the accident and what you earn now. Both sides of that equation need to be substantiated.

What you want to prove	How
What you earned in the Netherlands	Payslips covering a longer period, annual income statements, contracts, timesheets and work schedules
That the work would have continued	Previous extensions, the phase of your agency contract, statements about the demand for your work
What you earn now or are able to earn	Income records from your own country, benefit decisions, medical limitations
Additional costs caused by your return	Travel costs for examinations, translation costs, costs of care that would have been covered in the Netherlands

Pay attention to the difference in wage levels. If you earned more in the Netherlands than is achievable in your own country, that difference is not in itself a loss: what matters is what you would reasonably have earned without the accident. The longer and more steadily you worked in the Netherlands, the stronger that argument becomes.

Also record why and when you are leaving. If you leave because of your injury, or because you lost your job as a result of the accident, that can have different consequences for your loss of income than a return that had already been planned before the accident. For costs you incur abroad, keep the original invoices and proof of payment and note the currency in which you paid. The fact that an amount has been converted does not mean it qualifies for compensation: it still has to be shown that the costs were caused by the accident and are reasonable. Keep all payments and benefit applications in one overview, so that costs that have already been reimbursed are not counted again as an open loss.

Staying in touch with your lawyer

Running a case from a distance works perfectly well, provided you make arrangements in advance. Think of:

a fixed channel of communication and a language in which you can express yourself well;
clarity about who translates and who bears those costs;
an address at which you can still receive post, even after a move;
powers of attorney that are signed and, where necessary, legalised, so that documents can be requested;
arrangements on advance payments, so that you are not left without income while the case is ongoing.

Do not let your case stall because you are leaving. Notify your lawyer and the insurer of your new address in writing.

Ask for an advance payment before you leave

If liability has been accepted, you can ask for an advance payment on your compensation. This is particularly important if you are returning abroad: your costs continue while the settlement can take months. If the insurer refuses, partial dispute proceedings (deelgeschilprocedure) before the court can offer a solution.

Help with a cross-border case

We handle personal injury cases for clients who worked in the Netherlands and now live abroad. We speak Dutch, English and Turkish, and work with translators for other languages.

Call 070 450 0300 or send your question via the contact form.

Frequently asked questions

Does my claim lapse if I return to my home country?

No. A compensation claim is not tied to where you live. If the accident happened in the Netherlands while you were working for a Dutch employer or hirer, Dutch law will in principle continue to apply.

Do I have to come to the Netherlands for the medical examination?

Often you do, because the examination is usually carried out by a Dutch expert. Your travel and accommodation costs should then be reimbursed. Sometimes the parties agree to an examination in your own country.

Can medical records from my own country be used?

Yes, provided they are translated and traceable: who examined you, when, and what the findings were. Make sure your doctor keeps recording how your symptoms develop; a gap in the file can work against you.

How much time do I have to make a claim?

Under Dutch law, five years from the day after you became aware of both the damage and the liable party. Which law applies in your case has to be established; other countries have shorter limitation periods.

Can I get an advance payment before I leave?

If liability has been accepted, you can ask for one. If the insurer refuses without good reason, partial dispute proceedings (deelgeschilprocedure) before the court can result in an advance payment.