As a temporary agency worker, you run the risk of a workplace accident just like any other employee. But who is liable when you suffer personal injury? Is it the employment agency, the hirer (the company you work for), or both?

At Arslan Advocaten we help temporary agency workers every day to recover compensation after workplace accidents. Our legal assistance is always free of charge, because we recover our costs from the liable party.

Who is liable in a workplace accident involving a temporary agency worker?

Under the law (Article 7:658 of the Dutch Civil Code), an employer must ensure a safe working environment. For temporary agency workers it is more complicated, because there are two “employers”:

1. The temp agency (formal employer)

They are formally your employer because you have a contract with them.

2. The hirer (de facto employer)

This is the company where you work daily and that determines how you perform your work.

In practice, the hirer is often the first to be held liable, because this employer is responsible for safety in the workplace. However, the temp agency can also be liable if they allowed you to work in an unsafe place.

Duty of care of temp agency and hirer

Both employers have a legal duty of care. That means that they:

• Must provide a safe workplace
  Machines, materials, tools and workspaces must be safe.

• Safety instructions must be given.
  You must be properly informed about the risks of your work.

• Supervision must be exercised.
  Compliance with safety rules must be checked.

Is one of these obligations being breached?
Then both parties can be held liable.

Joint and several liability: extra protection for temporary agency workers

Article 7:658 paragraph 4 of the Dutch Civil Code provides that the employment agency and the hirer jointly and severally liable are.
That means for you as a victim:

You may choose who to hold liable.

The party you choose must compensate you in full for your losses. They can sort out among themselves who ultimately pays, but that is not relevant to you.

This gives temporary agency workers a strong position and increases the likelihood that your losses will actually be recovered.

What damage can you claim after a workplace accident?

As a temporary agency worker, you are entitled to compensation for both material and non-material damage.

Material damage

• Medical costs

• Rehabilitation costs

• Travel expenses to doctors and therapists

• Loss of income

• Loss of future earning capacity

• Costs for household help

• Modifications to the home or transportation

Non-material damages (pain and suffering)

For pain, sorrow, anxiety, long-term stress, and impairment of your enjoyment of life.

At Arslan Advocaten we calculate all heads of loss, so that you never miss out on money.

Why do temporary workers choose Arslan Advocaten?

• Always at no cost for victims
  We recover our costs from the liable party.

• Specialists in workplace accidents and temporary employment matters
  Years of experience with compensation claims for temporary workers in the Netherlands.

• Maximum compensation
  We examine all your losses, both now and in the future.

• Personal support
  You always have direct contact with your own lawyer.

Contact us immediately

Have you, as a temporary agency worker, been involved in a workplace accident?
Don’t wait too long. The sooner you engage legal help, the stronger your case will be.

We are happy to help you further and ensure that you get what you are entitled to.