If you are injured at work, your employer is in principle liable under Article 7:658 of the Dutch Civil Code. The employer must prove it met its duty of care; if it cannot, it owes compensation. You must establish injury in the course of your work. The employer can defend the claim by proving compliance with its duty of care or the statutory exception for intent or deliberate recklessness. This reversed burden of proof puts you in a strong position.
For additional general information, see Victim Support Netherlands information for victims.
Injured on a construction site in the Netherlands? Start with safety and medical care. Your claim then depends on the accident, the employer’s duty of care and the losses you can support. Agency workers and some self-employed contractors may also be protected.
The first conversation is free and without obligation. Where another party is liable, we seek recovery of reasonable legal costs from that party. If that route is unavailable, we assess eligibility for subsidised legal aid (toevoeging), followed by no cure no pay where the case qualifies. We never charge you costs without discussing them with you and obtaining your agreement in advance.
Evidence to preserve after a construction accident
Record the location, equipment and task. After a fall from height, scaffold inspection, edge protection, access and fall protection may matter. A machinery accident can also require evidence of guards, maintenance and instructions for the particular operation. Identify the supervisor and the contractor directing your work.
Request preservation of work schedules, safety briefing records, task risk assessments and relevant CCTV. A VCA certificate or signed instruction does not by itself establish that the actual workplace was safe. Responsibility must be assessed for each contractor. Do not return to a dangerous area to collect evidence.
Injury, employment and medical expertise
Arslan Advocaten brings together lawyers, legal advisers and NIVRE registered experts. Onur Arslan is a NIVRE registered personal injury expert and has completed the Grotius/LSA specialist programme in personal injury law. Our employment lawyers can assess wages, return to work and dismissal alongside the compensation claim.
Where needed, we work with MEDICA Medisch Advies to assess medical information and consequences, after agreeing the instruction, costs and necessary consent. The medical adviser does not replace your treating doctor or occupational physician. Share medical records through the agreed secure route. The first conversation is free and without obligation; further work requires a separate agreement.
What should you do after a construction accident?
Safety and medical care come first. Call 112 for an emergency. Otherwise arrange appropriate medical assessment. Only collect evidence when the location is safe. Then report the accident and preserve the relevant records.
1. Collect evidence of the construction accident
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Photos of the situation
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Statements from colleagues
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Registration of the accident
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Photograph machines / materials
2. Report the construction accident to your employer
This is mandatory, and serious accidents must be reported to the Labor Inspection.
3. Hold your employer accountable
We hold your employer accountable on your behalf. Payment depends on liability, insurance cover and the supported losses; it is not automatic.
4. Immediately seek legal help
With a lawyer, you increase your chances of a maximum construction accident compensation.
Common causes of construction accidents
Common situations leading to a construction accident compensation:
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Falls from ladders, scaffolding or aerial platforms
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Falling objects such as tools or materials
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Collapsing of construction structures
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Accidents with machines
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Tripping or slipping due to obstacles
These situations often lead to serious injuries, such as amputations, brain injury, fractures or permanent disabilities.
Who is liable for a construction accident?
The employer has a legal duty of care. This means that the employer must ensure:
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Safe working materials
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Clear and understandable safety instructions
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Supervision on the shop floor
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A safe work organization
Is this duty of care breached?
Then the employer is liable for your construction accident compensation.
Insurance cover and legal liability are separate questions. Identify the liable employer or hiring company, request the relevant insurance details and check any rejection. An insurer does not automatically pay every claim.
How is your construction accident compensation calculated?
The amount of your compensation depends on, among other things:
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Severity of the injury
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Loss of income (current and future)
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Medical costs
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Household help
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Rehabilitation costs
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Travel costs
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Compensation for pain and suffering (non-material damage)
At Arslan Lawyers we calculate your full damage, so you don’t miss out on anything.
Contact us today
Have you been involved in a construction accident?
Contact us. We take up your case immediately and ensure that you get what you are entitled to.
Understanding Your Rights Under Dutch Law
In the Netherlands, construction workers are protected by various laws and regulations that ensure their safety and rights in case of accidents. The Dutch Civil Code (Burgerlijk Wetboek) and the Working Conditions Act (Arbeidsomstandighedenwet) play a crucial role in determining liability and the compensation process. If you are injured due to negligence—such as inadequate safety measures or faulty equipment—your employer or the party responsible can be held liable.
Types of Compensation You May Claim
Victims of construction accidents in the Netherlands can claim several types of compensation, including:
- Medical Expenses: All costs related to medical treatments, rehabilitation, and assistive devices.
- Lost Income: Compensation for wages lost during your recovery period.
- Permanent Disability: If the accident results in lasting disabilities, you may be entitled to additional compensation.
- Pain and Suffering: Non-material damages such as emotional distress and reduced quality of life.
- Costs for Household Help: If you require assistance with daily tasks after the accident, these costs can also be reimbursed.
Practical Advice for Construction Accident Victims
- Document Everything: Keep all medical reports, invoices, and communication related to the accident.
- Notify Your Employer Promptly: Timely reporting is legally required and helps build a strong claim.
- Keep your account factual: Record what you remember, distinguish facts from assumptions and do not sign an inaccurate statement or a settlement you do not understand.
- Consult an Expert Lawyer Early: Legal professionals specializing in construction accidents can guide you through complex procedures and negotiations.
- Stay Informed About Your Rights: Know the legal deadlines for filing claims in the Netherlands to avoid losing your entitlement to compensation.
Why Choose Arslan Advocaten?
Arslan Advocaten combines personal injury and employment law expertise. We assess the evidence, liability, medical consequences and losses, and discuss the costs before further work. Contact us for a free first conversation about your construction accident.
Frequently Asked Questions
What steps should I take immediately after a construction accident?
First ensure safety and obtain appropriate medical care. Then notify your employer, record what happened and preserve evidence without entering an unsafe area. Ask for advice before agreeing to a final settlement.
Am I entitled to compensation if I am injured in a construction accident?
You must establish injury in the course of your work. Under Article 7:658 BW, the employer can defend the claim by showing compliance with its duty of care or a statutory defence. Liability and the amount of loss require assessment.
What types of injuries can lead to a construction accident claim?
Serious injuries such as amputations, brain injuries, fractures, and permanent disabilities can qualify for construction accident compensation, especially when caused by falls, falling objects, or machinery accidents.
How is construction accident compensation calculated?
Compensation is based on factors like injury severity, medical costs, loss of income, pain and suffering, and other damages; a lawyer can help ensure you receive full and fair compensation.
