A fall from a ladder, scaffold or roof at work can lead to lost income, medical expenses and a long recovery. In the Netherlands, compensation depends on employer liability and the losses caused by the accident. Record what happened and seek appropriate medical care; you do not need to wait for an inspector’s report before asking for legal help.
How common are falls at work?
The 2025 Occupational Accidents Monitor, published in September 2026, records 2,230 completed investigations into reportable accidents. Falls accounted for 38%, including falls at the same level or into a hole. This is not the percentage of all Dutch workplace accidents, nor of falls from height alone.
Falls from ladders, scaffolds and roofs
Investigate the actual task: which equipment was used, who selected it, how the edge or opening was protected, and what instructions and supervision were provided. A signed instruction sheet alone does not establish that the workplace was safe. Keep photographs of the working position, supports, floor openings and available protection, if it is safe to do so.
Fall precautions may also be needed below 2.5 metres where there is a risk. The appropriate protection depends on the task and surroundings. See the Dutch government guidance on working at height (in Dutch).
Agency workers, interns and migrant workers
A temporary contract or a language barrier does not by itself remove your protection. Keep your contract, agency assignment, work schedule and the instructions you received. Record who directed your work and whether you could understand the safety instructions. With agency work, both the agency’s role and the hiring company’s responsibility may need investigation. Self-employed workers and volunteers can fall within Article 7:658(4) BW in appropriate circumstances; the actual work and dependence on the organisation for safety matter.
Keep evidence of the accident and its consequences
- Write down the date, place, task and sequence of events in your own words.
- Keep witness contact details privately, and ask that relevant camera footage and equipment records be preserved promptly.
- Save payslips, invoices, travel expenses and a dated record of help needed at home.
- Ask for the accident registration and check any statement before signing it.
Do not send your full medical file to your employer. Medical information for the claim should be requested and assessed through the appropriate medical channel.
When is the employer liable?
Under Article 7:658 BW, the employee must establish that damage was suffered in the course of work. The employer must then show compliance with its duty of care or establish the statutory exception involving intent or deliberate recklessness. An ordinary mistake is not automatically deliberate recklessness. The outcome still depends on the evidence; an accident is not an automatic entitlement to compensation.
Where liability is established, recoverable losses may include lost earnings, reasonable treatment and care expenses, help at home and compensation for pain and suffering. Avoid counting costs already reimbursed twice. Your personal circumstances determine the amount.
Legal, employment and medical assessment
Arslan Advocaten can assess the liability claim together with any dispute about wages, sickness absence or reintegration. Where medical advice is needed, cooperation with MEDICA supports the assessment of injuries and limitations. The medical adviser assesses medical issues; the lawyer evaluates legal liability and compensation.
The first consultation is free. Reasonable legal costs may be recoverable from the liable party under Article 6:96 BW. Agree in advance which costs you may have to pay if liability, costs or court proceedings are disputed.
Discuss your fall at work
Tell us where you fell, for whom you were working and what happened afterwards. Request an initial assessment. Also read the guidance on reporting an accident and calculating compensation.
Frequently Asked Questions
What legal rights do I have if I am injured in a fall from height at work?
If you are injured due to a fall from height, you may be entitled to compensation for your injuries and any related damages. It is important to consult a legal expert to evaluate your case and ensure your rights are protected.
How can I prove that my employer was negligent in causing my workplace fall?
Keep witness details, photographs, task instructions and the accident report. Under Article 7:658 BW, you must establish that you suffered damage in the course of work. The employer must then demonstrate compliance with its duty of care or a statutory exception. A lawyer can assess which facts remain disputed.
Are migrant workers entitled to the same legal protections following a workplace accident?
Yes, migrant workers have the same legal rights and protections as other employees, including access to compensation and safety regulations. However, language barriers and temporary employment status can complicate claims, so legal guidance is recommended.
What steps should I take immediately after a workplace accident involving a fall?
Seek medical attention promptly and report the incident to your employer. Additionally, document the accident scene and gather witness information, and consult a legal professional to understand your rights and options for compensation.
