As a temporary worker, you are just as vulnerable to accidents at work as full-time employees. But who is responsible if you incur personal injury? Is it the temp agency, the user company (the company where you work), or both? At Arslan Advocates, we help you hold the right party accountable and ensure that you receive your due.
Who is liable in case of a workplace accident?
According to Article 7:658 of the Civil Code, the employer is responsible for a safe working environment. However, with temporary workers, two parties are seen as the ’employer’:
- The temp agency: The formal employer.
- The user company: The company where you actually perform your work.
In most cases, the user company is held liable, as this party has influence over the working conditions. However, the temp agency can also be held responsible if it knew or should have known that the working environment was unsafe.
Temp Workers and Employers’ Duty of Care
Both the temp agency and the user company have a duty of care. This means they are obliged to:
- Provide a safe workplace: Machinery, tools, and working conditions must be safe.
- Give safety instructions: Temporary workers must be properly informed about the risks of their work.
- Supervise: It must be checked whether safety regulations are adhered to.
If any of these obligations are breached, both the user company and the temp agency can be held accountable.
Joint and Several Liability for Temporary Workers
According to Article 7:658 paragraph 4 of the Civil Code, both the temp agency and the user company are jointly and severally liable. This means you as a victim may choose which party you hold accountable. The party chosen can then recover the costs from the other party. This offers you as a temp worker the certainty that your damage can always be recovered.
What can you claim after a workplace accident?
As a temp worker, you are entitled to compensation for:
- Medical costs: Such as treatments, medication, and rehabilitation.
- Loss of income: Due to absence from work or permanent disability.
- Other costs: Such as travel costs to the hospital and help around the house.
- Compensation for pain and suffering: For emotional damage and pain.
At Arslan Advocates, we accurately calculate your damage and ensure full compensation.
Why Choose Arslan Advocates?
With Arslan Advocates, you get:
- Free legal aid: We recover costs from the party held accountable, so you don’t bear any costs.
- Maximum compensation: We ensure that all your damage is compensated.
- Personal guidance: We guide you from A to Z, and strengthen your case.
Contact us for legal assistance
If you’ve been involved in a workplace accident as a temp worker, don’t hesitate to contact us. We help you hold the right party accountable and recover your damage. Fill in our contact form or give us a call. Together, we’ll ensure you get what you’re entitled to.
