- A fall from height at work, such as from a scaffold or ladder, is a common cause of serious injury.
- The employer has a legal duty of care according to art. 7:658 BW to provide a safe working environment.
- In an accident where an employee falls from height, the employer is usually liable if they have failed in that duty of care.
- Damages you can claim include medical costs, loss of income, domestic help, travel expenses and pain and suffering compensation.
- In many cases, the employer’s liability insurance covers the damages and legal assistance is free for you.
A fall from height at work can have profound consequences, physically, emotionally and financially. Whether it concerns a fall from a scaffold, ladder or other structure, the consequences for the employee can be serious. Dutch law provides protection for employees in these situations, requiring the employer to ensure a safe working environment. In this article, we explain in detail what a fall from height entails, what the legal frameworks are, which damages you can claim and how Arslan & Arslan Advocaten can assist you in asserting your rights.
What is a fall from height and why does it happen so often?
A fall from height means someone falls down from an elevated position. This can range from a few centimeters to tens of meters. On the work floor, this often occurs during work on scaffolds, ladders, stairs, roofs, dormers, scaffolds or when working on other height equipment. The construction sector, industry and logistics have an increased risk of such accidents.
Research by the Dutch Labour Inspectorate (Inspectie SZW) shows that falls from height regularly lead to serious injuries such as fractures, concussions, back injuries and in some cases even fatal accidents. This underlines the importance of careful handling of work at height; a small mistake can have major consequences.
The employer’s legal duty of care in case of a fall from height
In the Netherlands, article 7:658 BW of the Civil Code regulates the duty of care of employers. This obliges employers to take all measures reasonably possible to prevent an employee from suffering damage during work.
This concretely means that the employer must ensure, among other things:
- Safe workplaces and working conditions: for example, erecting scaffolds according to applicable standards, use of fall protection and maintenance of ladders and machines.
- Clear and complete instructions and training on how to work safely at height.
- Supervision of compliance with safety regulations during work.
- Risk inventory and evaluation (RI&E), identifying and addressing potential risks.
If despite these measures a fall from height occurs, the employer must be able to demonstrate that they have fully complied with their duty of care. Otherwise, they are liable for the damage.
Specific situations: fall from scaffold versus fall from ladder
Not every fall from height is legally or factually the same. The difference between a fall from a scaffold and a fall from a ladder has, for example, consequences for liability and compensation.
Fall from a scaffold
Scaffolds are often used in construction and maintenance work. According to the Arbobesluit §3.9, scaffolds must meet strict safety requirements, such as the installation of guardrails, steps at fixed distances and secure attachment to the building.
If a fall occurs due to, for example, a defective or non-compliant scaffold, the employer is usually liable because they are responsible for maintenance and safety. It can also happen that a colleague or third parties are liable if they left the scaffold unsafe.
Fall from a ladder
Ladders are often considered a less safe solution than scaffolds. Employers must assess whether the ladder is suitable for the work and possibly provide alternatives. Falls involving ladder use often result from improper use, lack of proper support or lack of supervision.
In cases where the employee did not receive proper instructions or insufficient supervision was exercised, the employer will also be liable.
Differences and consequences
An important difference lies in the degree of responsibility employers have for the structure. For scaffolds, this is often greater due to the complexity, while with ladders sometimes the (own) risks of the employee also play a role. This can affect the degree of liability and the compensation. For example, in case of partial fault of the employee, damage reduction must be taken into account.
What if you are self-employed (ZZP’er) or partly responsible yourself?
Many people wonder if they, as self-employed without personnel (ZZP’er), also have the right to compensation after a fall from height at the workplace. This can be more complicated because the relationship with the client is different than in an employer-employee situation.
ZZP’er and damage claim: When a ZZP’er falls from height while performing work, liability can partly lie with the client if they have been negligent in providing a safe workplace. This can be the case, for example, if the client did not arrange a safe work platform or gave insufficient instructions. The ZZP’er must then be able to prove that the client breached their duty of care.
If multiple parties are responsible, it is advisable to engage a specialized personal injury lawyer to properly determine liability and a smart damage claim.
Own fault and shared liability: Sometimes own fault also plays a role, for example if an employee or ZZP’er ignores safety regulations. This can lead to a reduction of the compensation (artikel 6:101 BW). The degree of own fault is assessed per situation by the court.
What damages can you claim after a fall from height?
If you have fallen from height at work and the employer is liable, you can claim various types of damages. Below we explain these in more detail:
- Medical costs: costs incurred for hospital admission, surgeries, physiotherapy, medication and other treatments. The deductible of the health insurer is also included.
- Loss of income: the difference between your normal salary and the amount you receive during illness (often 70% paid). In addition, future loss of income can be compensated if you are permanently less able to work.
- Domestic help: costs for help at home if you are unable to do household chores yourself due to your injury.
- Travel expenses: all costs for transport to and from medical treatments and rehabilitation.
- Pain and suffering compensation: compensation for immaterial damage such as pain, grief and loss of enjoyment of life. In a fall from height, pain and suffering amounts can vary from several thousand to tens of thousands of euros, depending on the severity and consequences (see case law). For serious permanent injury, such as a spinal cord injury, pain and suffering compensation can exceed €50,000.
What to do after a fall from height at work?
Taking the right steps after a fall from height is crucial to safeguard your rights and avoid disputes about liability.
- Report the accident immediately to your supervisor and have it recorded in an accident report.
- Obtain medical documentation by visiting a doctor or hospital immediately. Keep all medical reports and invoices.
- Take photos of the location, the situation and any unsafe conditions.
- Collect contact details of witnesses who saw the accident.
- Check whether the employer reports the accident to the Labour Inspectorate (Inspectie SZW), especially in serious accidents (see also our blog about reporting workplace accidents to Inspectie SZW).
- Engage a personal injury lawyer as soon as possible to represent your interests and claim liability.
Why choose Arslan & Arslan Advocaten?
At Arslan & Arslan Advocaten you have a partner with extensive experience in personal injury cases, including falls from height at the workplace. We understand the complexity of these cases and know exactly how to optimally recover your damages.
What we offer:
- A team of specialized personal injury lawyers and NIVRE experts who provide personal attention.
- Thorough knowledge of laws and regulations such as art. 7:658 BW and practical experience with workplace accidents in sectors such as construction, logistics, manufacturing, hospitality and healthcare.
- Determination towards insurers to obtain a fair compensation, even if an insurer initially offers too low a settlement.
- Free legal assistance, because costs are often fully reimbursed by your employer’s liability insurer (based on art. 6:96 BW).
We guide you from the first contact to a possible court procedure, so you can focus on your recovery.
Frequently asked questions about fall from height
Does a personal injury lawyer cost me money?
No, in almost all cases the costs of a personal injury lawyer are reimbursed by your employer’s liability insurer. This is regulated in art. 6:96 BW. There is no financial barrier for you to seek legal help.
Can I hold my employer liable without losing my job?
Yes, you do not hold your employer personally liable but their insurer. Furthermore, employers are usually insured for such workplace accidents and may not dismiss you because you file a damage claim.
How long do I have to file a damage claim?
The statutory limitation period is five years from the moment you become aware of the damage. However, it is wise to seek legal help as soon as possible to carefully build your claim and secure evidence.
What if I am partly at fault for the fall?
If you are partly responsible for the fall due to your own fault, the compensation can be reduced based on article 6:101 BW. The degree of own fault is assessed case by case and determines the final compensation amount.
Read also
- Personal Injury Services – Arslan & Arslan Advocaten
- Fall from scaffold, ladder or height at work: employer liability
- Reporting workplace accident to Inspectie SZW
Contact Arslan & Arslan Advocaten without obligation to discuss your situation. Our experienced team is ready to ensure you get what you are entitled to after a fall from height at work. Contact us today.