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:
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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
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Medical costs
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Rehabilitation costs
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Travel expenses to doctors and therapists
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Loss of income
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Loss of future earning capacity
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Costs for household help
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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?
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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.
Practical Steps for Temporary Agency Workers After a Workplace Accident
Experiencing a workplace accident can be stressful, especially when you are unsure about your rights and the liability involved. As a temporary agency worker in the Netherlands, it is important to take the following practical steps to protect your interests and ensure proper compensation:
- Report the accident immediately: Notify both the temp agency and the hirer as soon as possible. In the Netherlands, employers are required to register workplace accidents with the Dutch Labour Inspectorate (Inspectie SZW) if the injury is serious.
- Seek medical attention: Even if the injury seems minor, get a medical examination. Medical reports are crucial evidence in any compensation claim.
- Document everything: Keep records of all communications, accident reports, witness statements, and photos of the accident scene or hazards that caused the injury.
- Understand your insurance rights: In the Netherlands, employers must have compulsory insurance (WIA / WAO insurance) covering workplace accidents. Temporary workers are generally covered under the temp agency’s insurance, but the hirer’s liability insurance may also apply.
- Consult a legal expert: Navigating liability between the temp agency and the hirer can be complex. Legal advice ensures you understand which party is liable and how to proceed with a claim.
Legal nuances in employer liability for temporary workers
Under Dutch law, the liability for workplace accidents involving temporary agency workers is shared but depends heavily on the circumstances of the accident. For example:
- If the accident was caused by faulty equipment provided by the hirer, the hirer is primarily liable.
- If the temp agency failed to adequately inform the worker about risks or failed to ensure the worker was properly trained, the temp agency can be held liable.
- Both parties can be jointly liable, allowing the injured worker to claim compensation from either employer.
It is important to note that the Dutch Civil Code also provides for strict liability in certain cases, meaning an employer can be held liable even without fault, provided the injury occurred in connection with the work.
Compensation and legal recourse
In addition to medical costs, temporary workers may be entitled to compensation for lost wages, disability, and pain and suffering. Claims can be pursued through civil courts or negotiated via settlement.
At Arslan & Arslan Advocaten, we have extensive experience in handling these claims efficiently and effectively, ensuring you receive the compensation you deserve without upfront legal fees.
Contact Arslan & Arslan Advocaten for Expert Advice
If you are a temporary agency worker injured at work, don’t hesitate to reach out for a free consultation. Our dedicated team understands the complexities of employer liability in the Netherlands and will guide you through every step of the process. Contact Arslan & Arslan Advocaten today to protect your rights and secure your future.
Frequently Asked Questions
Who is legally liable if I am injured while working as a temporary agency worker?
Liability can fall on either the employment agency or the hirer, with the hirer often being responsible for workplace safety. Both parties have a legal duty to ensure a safe working environment and can be held liable if they breach this duty.
Can I choose who to hold responsible if I suffer a workplace injury as a temporary worker?
Yes, under Dutch law, you can choose to hold either the employment agency or the hirer liable, as they are jointly and severally responsible for your damages. The responsible party must compensate you fully, regardless of who ultimately pays.
What types of damages can I claim after a workplace accident as a temporary agency worker?
You can claim compensation for material damages like medical expenses, loss of income, and home modifications, as well as non-material damages such as pain and suffering, stress, and loss of enjoyment of life.
Does legal help for workplace injury cases cost me anything as a temporary worker?
No, at Arslan Advocaten, our legal assistance is always free of charge because we recover our costs from the liable party, ensuring you get the help you need without upfront costs.