Have you been injured in a workplace accident? In many cases, you can hold your employer liable for your damages. This also applies when a colleague made the mistake or when you partially caused the accident yourself. A claim to hold an employer liable for a workplace accident is often easier than employees think, because the law strongly protects you as an employee.
At Arslan Advocaten we assist victims of workplace accidents throughout the Netherlands. Our legal assistance is always free of charge, because we recover our costs from the liable party.
When is an employer liable for a workplace accident?
Employers have a statutory duty of care. That means that they must ensure:
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A safe workplace
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Good safety instructions
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Supervision of compliance with safety regulations
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Safe tools, machines and materials
If an employer breaches this duty of care and you suffer personal injury as a result, the employer is liable for your damages.
✔ Employee’s burden of proof
As an employee, you must prove two things:
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That the accident at work has happened
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That you damage have suffered
Do you meet this? Then the burden of proof shifts. The employer must then prove that:
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he has complied with all safety obligations,
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or that your damage is not caused by the workplace accident.
In practice, employers seldom succeed.
Exceptions to employer liability
An employer is not liable if:
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you intentionally caused the accident, or
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you recklessly acted.
Conscious recklessness means that someone knowingly and intentionally takes a great risk. In case law, this is applied very strictly: it really must involve acting willfully and knowingly.
Important: the employer must prove this, not you.
Does employer liability also apply to agency workers, interns and volunteers?
Yes. The employer’s duty of care applies to:
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Employees
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Agency workers
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Seconded employees
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Interns
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Volunteers
Are you as a temporary agency worker or intern the victim of a workplace accident? Then you can just as well hold your employer liable as any other employee.
Who has to prove what in a workplace accident?
✔ Your burden of proof as an employee
You must demonstrate that:
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the accident occurred during your work activities
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you have suffered damage
✔ Employer’s burden of proof
The employer must prove that:
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he has fully complied with his duty of care
or -
your damages are not caused by the accident
or -
there was intent or conscious recklessness
This puts you in a strong legal position as an employee.
Examples of a workplace accident
A workplace accident can occur in many ways. For example:
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You fall on a wet, unmarked floor.
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A machine malfunctions and you sustain injuries.
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You develop a burnout due to chronic overwork.
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Falling objects cause head or back injuries.
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You are insufficiently instructed in the use of tools.
In all these cases, there may be a breach of the duty of care.
What if the accident happens on the way?
An accident during commuting usually does not fall under employer liability.
But it does when:
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you are on your way to an appointment at the employer’s request,
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you are assigned to various locations,
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you have travel hours that are part of your work.
We are happy to assess whether your damage is still recoverable.
Am I personally liable for damage I cause at work?
In most cases no. If you cause damage at work, you are generally not personally liable, unless:
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you intentionally cause damage
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you act deliberately recklessly
Normal mistakes, errors, or accidents fall under the employer’s responsibility.
How do I hold my employer liable after a workplace accident?
Follow these steps:
1. Gather evidence
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Photos of the situation
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Statements from colleagues
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Incident reports
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Description of your injury
2. Report the accident to your employer
Have the accident recorded in the company report.
3. Have Arslan Advocaten hold the employer liable
We take over all communication and hold the insurer liable.
4. Claim your full compensation
We ensure that you receive the maximum compensation.
When must an employer notify the Labour Inspectorate?
In the case of serious accidents, such as:
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hospitalization
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permanent injury
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death
The employer must report the accident immediately with the Labor Inspectorate. If he does not do this, he risks a fine.
What damages can you claim after a workplace accident?
You can claim, among other things, the following types of damages:
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Medical expenses
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Rehabilitation costs
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Loss of income
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Future loss of earning capacity
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Travel expenses
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Household help
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Home or transportation modifications
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Compensation for pain and suffering
We calculate your damages in full and ensure you don’t miss out on anything.
What if the employer disputes liability?
Then:
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we involve the Labour Inspectorate for an investigation
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we gather additional evidence
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we negotiate with the insurer
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we initiate court proceedings, if necessary
You are never on your own.
Why Arslan Advocaten?
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Free legal assistance (we recover the costs from the liable party)
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Maximum compensation
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Personal guidance
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Specialists in workplace accidents
Contact us
Would you like to hold your employer liable for a workplace accident or would you like to know what you are entitled to? Contact us via our form. We will handle your case immediately.
