Sample letter holding your employer liable
Workplace accidents in the Netherlands · Employer liability
Use this sample as a starting point for notifying an employer about an injury suffered at work in the Netherlands. You need to establish that you suffered harm while carrying out your work. The employer must then, in principle, show that its duty of care was met or that the statutory exception for intent or deliberate recklessness applies. Liability is not established merely by sending a letter.
Download the editable Word letter (DOCX) · Download the PDF sample (PDF)
When is this letter suitable?
The sample is intended for an identifiable workplace accident, such as a fall, machinery injury or being struck by an object. Agency workers may need to address both the employment agency and the hiring company, using their correct legal names. Whether a self-employed contractor has protection under article 7:658(4) requires assessment of the actual work and dependence on the company for safety.
A slowly developing occupational disease, ordinary commuting accident or work-related traffic accident can require a different legal analysis and wording. Seek advice before relying on this general sample in those situations. If a deadline may be close, get the claim and appropriate notice checked immediately.
Sample letter
[Your address]
[Postcode and town]
To: [employer’s legal name]
[and, in a separate letter, the hiring company if relevant]
For the attention of the management
[Address]
[Town], [date]
By email and registered post
Subject: Notice of liability for workplace accident on [date]
Dear [name / Sir or Madam],
I have worked for you since [date] as [job title] [through employment agency: name]. On [date] at approximately [time], I suffered an accident while carrying out my work at [location].
The accident happened as follows: [a factual description in three to five sentences]. I suffered [brief description of injuries] and received treatment from [doctor or hospital].
You are required to provide a safe workplace and safe equipment, with appropriate instructions and supervision. I hold you liable under article 7:658 of the Dutch Civil Code for all damage I have suffered and will suffer as a result of this accident.
Please forward this letter to your liability insurer within fourteen days and provide the insurer’s name and claim reference. I request a reasoned position on liability, from you or your insurer, within three months of receipt.
Please preserve relevant CCTV, incident records, instructions, training and maintenance records. Please provide copies of the incident report, any report to the Netherlands Labour Authority, and the risk assessment and instructions relevant to my work and this accident.
I unequivocally reserve my right to full compensation for all past and future damage arising from this accident. This written notice is intended to interrupt the limitation period under article 3:317 of the Dutch Civil Code.
Yours faithfully,
[Your name and signature]
How to use and send the letter
- Replace every bracketed field and remove inapplicable alternatives. Describe facts accurately; do not invent a safety failure or diagnosis.
- Check the correct legal entity and recipient. Where several parties may be liable, prepare a separate notice for each.
- Send in a language the recipient can understand. If necessary, arrange an accurate Dutch translation; the recipient’s understanding and the clarity of your reservation matter.
- Send by email and registered post, and keep the final version, dispatch evidence and proof of receipt. Dispatch alone does not resolve every dispute about receipt.
- Diary the requested response dates and the legal limitation deadline separately. Follow up promptly.
Does this letter interrupt limitation?
A written notice unequivocally reserving the right to compensation can interrupt a limitation period under article 3:317. Its effect depends on the actual claim, clear wording, correct recipient and timely receipt. No sample can guarantee interruption in every case.
For personal injury, a five-year period linked to knowledge of the damage and liable person commonly applies. Different rules or transitional law can apply, particularly to older events or claims against insurers. Do not calculate your deadline solely from this page. An unanswered letter does not extend every legal deadline indefinitely.
When should a response arrive?
The letter requests insurer details within fourteen days and a reasoned position within three months. The three-month liability response period is reflected in the Dutch Personal Injury Claims Handling Code. These requested or code-based periods are different from statutory limitation periods. Silence is not automatic acceptance of liability.
Will this affect my job?
Giving notice of liability is not, on its own, a lawful ground for dismissal. Sickness can also provide dismissal protection, subject to exceptions. A fixed-term contract can still expire. If wages stop, work is withdrawn or dismissal is proposed, obtain employment law advice promptly alongside the injury claim.
This sample provides general information and requires adaptation to the facts, contract and relevant deadlines. Arrange a first conversation if you need help deciding whether it fits your situation; further drafting or representation is subject to a separate cost agreement.
Sources: Civil Code Book 7, articles 658, 669 and 670; Book 3, articles 310 and 317; Personal Injury Claims Handling Code.
Legal, employment and medical questions in one case
Arslan Advocaten combines personal injury lawyers, legal advisers and NIVRE registered experts. Our employment law specialists can assess wage payment, suitable work and employment termination alongside the injury claim. Where medical assessment is needed, we work with MEDICA Medisch Advies. Its role is to assess the medical information and consequences; it does not decide legal liability or replace your treating doctor or occupational physician.
We discuss the instruction, costs and necessary consent before obtaining medical information. Send medical records through the agreed secure route, not to your employer or in a public form. The first conversation is free and without obligation. The costs of further work are agreed separately.
Call +31 70 450 0300 to discuss your situation. Have the accident date, employment details and any insurer correspondence ready.