To hold your employer liable after a work accident in the Netherlands, document what happened and send a written notice identifying the accident and the losses you claim. You must establish that you suffered damage while doing your work. The employer must then show compliance with its duty of care or establish a statutory exception.
Go to the written notice checklist or read the Juridisch Loket guidance on work accidents (in Dutch).
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 people injured at work throughout the Netherlands. Reasonable legal costs can be claimed from the liable party where the legal requirements are met. We discuss the fees and what happens if liability or costs are disputed before starting. See our workplace accident legal assistance for the approach and initial assessment.
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.
What you need to establish
Keep evidence connecting the injury to your work: the accident notification, witness details, photographs and relevant medical records. You do not first have to identify the exact safety measure the employer failed to take. Liability, the connection between the accident and particular symptoms, and the amount of each loss may still be disputed separately.
Exceptions to employer liability
The employer can avoid liability by establishing that it met its duty of care, or that the damage resulted to a significant extent from your intent or deliberate recklessness. Ordinary carelessness is not the same as deliberate recklessness. Whether an exception applies depends on the circumstances and evidence.
Does employer liability also apply to agency workers, interns and volunteers?
The protection can extend beyond permanent employees. Depending on the working relationship and the conditions of Article 7:658(4), it may also cover:
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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
For agency work, assess the agency and the company where you actually worked separately. Read how agency worker liability in the Netherlands works. Protection for an intern or volunteer also requires assessment of the actual work and organisation.
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
The employer’s response
The employer must substantiate compliance with its duty of care or a statutory exception. Request the documents relied on, such as safety instructions, supervision records and maintenance information. A dispute about your symptoms or loss needs its own assessment; it does not make every disputed fact the employer’s burden to disprove.
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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Your hand is injured by an inadequately guarded machine.
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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.
Work-related travel may require a separate assessment of the duty of care and any insurance obligation. Relevant circumstances include:
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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?
1. Preserve the facts
Note the date, location, task, employer and any agency. Keep original photographs, messages and witness details. Ask promptly for relevant camera footage and records to be preserved.
2. Report the accident
Notify your employer in writing and keep a copy. Reporting an accident and claiming compensation are separate steps.
3. Prepare a written notice of liability
- Identify the correct employer and, where relevant, the company where you worked.
- Describe what you know happened, without presenting assumptions as facts.
- Explain that you hold the recipient liable for the damage arising from the accident.
- Reserve your rights and ask for the insurer’s details and a written response.
- Keep the sent notice and evidence of receipt. Have limitation dates and the wording checked.
A notice is a starting point, not proof that liability has been accepted. Do not sign a final release without considering its scope.
4. Substantiate your losses
List lost income, expenses and help you need. Read the guide to work accident compensation and arrange an assessment of disputed or future losses.
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 assess the losses you can substantiate and discuss any missing evidence, disputed items and future uncertainty.
What if the employer disputes liability?
Then:
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we assess the refusal and request relevant accident reports; the Netherlands Labour Authority decides on its own 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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Clear fee arrangements: reasonable legal costs may be recoverable from the liable party; we discuss any costs and risks you may bear.
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A substantiated compensation claim
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Personal guidance
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Specialists in workplace accidents
Would you like help preparing a notice or assessing the employer’s response? Start with the date, place, work and parties involved. Send medical records only through a route agreed with us. We assess the next step and discuss the scope and costs before taking on the work.
Describe your work accident in English
Frequently Asked Questions
Can I hold my employer liable for a workplace accident if I was partially at fault?
Yes, you can still potentially hold your employer liable even if you were partly responsible for the accident, as long as the employer breached their duty of care. The law is protective of employees in these situations, and liability can often still be established.
What should I do if I’ve been injured at work and believe my employer is at fault?
You should document the accident and seek legal advice to understand your rights. An experienced lawyer can help you gather evidence and prove your damages to hold your employer liable.
Are agency workers, interns, or volunteers also protected under workplace accident liability laws?
Agency workers, interns and volunteers may be protected, depending on the working relationship and the conditions of Article 7:658(4). The agency, company or organisation and its duty of care must be assessed separately.
What evidence do I need to prove my workplace injury claim?
Establish that you suffered damage while doing your work. The employer must then show compliance with its duty of care or establish a statutory exception. The connection to particular symptoms and the amount claimed can remain separate questions of evidence.
