Compensation after a workplace accident in the Netherlands depends on liability, the connection between the accident and your injuries, and evidence of your losses.
- Report the accident and obtain appropriate medical care.
- Keep payslips, treatment invoices, travel expenses and a record of help you need.
- Assess the employer’s duty of care; an accident does not automatically make the employer liable.
- Reasonable legal costs may be recoverable from the liable party. Agree in writing what you pay if liability or costs are disputed.
Need someone to handle the claim? See how our workplace accident lawyers in the Netherlands can help. This guide focuses on the losses you may claim.
A personal injury workplace accident can have significant consequences for both your health and financial situation. It is therefore crucial to know your rights and how to claim your damages. In this comprehensive guide, we explain what exactly constitutes a workplace accident, when your employer is liable, which types of damages you can claim, and the best steps to take after an accident at work.
How is workplace accident compensation calculated?
List each loss separately, the period it covers, supporting evidence and any reimbursement already received. A provisional calculation can be updated while recovery continues.
| Loss | Useful evidence |
|---|---|
| Lost income and pension | Payslips before and after the accident, contract, benefit decisions and pension information |
| Treatment and travel | Invoices, insurance statements, appointments and travel records |
| Help and care | Tasks you cannot perform, hours of help and relevant invoices |
| Pain and suffering | Medical findings and concrete effects on work and daily life |
Calculation example, not a settlement estimate: a documented net income shortfall of €400 a month over three months is €1,200. Add €240 in unreimbursed treatment expenses and €60 in accident-related travel: those three items total €1,500. This excludes pain and suffering, future losses and legal costs. Liability, causation and supporting evidence still need assessment.
Where payment is delayed, discuss an advance payment. Check the scope of any final settlement before signing.
What is a workplace accident and when is it considered personal injury?
A workplace accident is any accident that occurs during or in connection with the performance of work activities, including working from home. This can be a fall from a ladder, a machine accident, a traffic accident during work, or exposure to hazardous substances.
Personal injury means that you suffer physical or mental harm due to the workplace accident and consequently incur damages. This can range from a bone fracture to psychological trauma caused by a serious accident. Personal injury damages include not only medical costs but also loss of income, pain and suffering compensation, and other damage items.
According to article 7:658 BW, the employer has a strict duty of care. This means the employer must ensure a safe workplace and prevent you from sustaining injuries. If the employer fails in this and you suffer damages as a result, the employer is liable. This often makes a personal injury workplace accident a matter where your employer or their insurer must pay.
Employer liability in a workplace accident
Under article 7:658 of the Dutch Civil Code, the employee must establish that damage was suffered while doing the work. The employer must then show that it fulfilled its duty of care, or establish the relevant exception for intent or deliberate recklessness. This is a protective allocation of the burden of proof, rather than automatic liability for every accident.
In practice, this means the employer must demonstrate that all reasonable safety measures were taken, such as:
- Conducting a Risk Inventory and Evaluation (RI&E).
- Providing personal protective equipment (PPE).
- Giving clear instructions and sufficient supervision.
- Regular safety training and workplace adjustments.
If the employer cannot prove compliance with these obligations, they are liable for your damages. Only in exceptional cases, such as intentional misconduct or deliberate recklessness by the employee, can liability be excluded. However, this rarely occurs in case law.
The role of the Netherlands Labour Authority
The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) supervises workplace safety. The employer must report an accident immediately if it results in hospital admission, permanent injury or death. If a reportable consequence becomes apparent later, the employer must report it as soon as it becomes known.
An inspection concerns workplace safety and is separate from the civil compensation claim. A report does not automatically establish a right to compensation, and the absence of an inspection report does not by itself rule out a claim.
Specific situation: self-employed persons (ZZP’ers) and temporary workers in workplace accidents
Not everyone who works has a traditional employer. Especially self-employed persons without personnel (ZZP’ers) and temporary workers have a special position regarding personal injury in workplace accidents.
Self-employed workers (ZZP)
A self-employed worker may be protected by Article 7:658(4) BW when the work falls within the client’s business activities and the worker depends on that organisation for safety. The label on the contract is not decisive. Assess the actual task, control over the workplace and available safety measures; serious fault is not a separate threshold for this protection.
Temporary workers
Temporary workers have an employer in the form of the temp agency. The duty of care usually rests with both the temp agency and the hiring company (the company where the temp worker works). Both can be liable in a workplace accident.
Liability can be complex because multiple parties are involved, but here too, the employer(s) must fulfill a duty of care and are liable for damages if they fail in this. Temporary workers also have the right to compensation for personal injury caused by a workplace accident.
Which damages can you claim after a workplace accident?
In a personal injury workplace accident, you can claim various types of damages. Below is a comprehensive and detailed list of the most common damage items with explanations.
1. Medical costs
All costs directly related to the treatment of the injury can be claimed. This includes, among others:
- Consultations with general practitioners, medical specialists, and paramedics such as physiotherapists and occupational therapists.
- Hospital stays, surgeries, and any intensive care.
- Costs for prescribed medications for recovery.
- Aids such as braces, prostheses, wheelchairs, crutches, or special shoes.
- The deductible of the health insurance when related to the accident.
- Travel costs to and from medical treatments.
- Costs of alternative medicine if medically necessary and proven effective.
2. Loss of income
Due to the injury, you may be temporarily or permanently unable to work, leading to loss of income. This consists of:
- The proven difference between the income you would have earned without the accident and your actual wages or benefits. Statutory wage continuation generally starts at 70%, subject to the legal rules and any higher contractual or collective-agreement entitlement; it is not a fixed 30% compensation claim.
- Loss of overtime, bonuses, commissions, or other wage components.
- Damage due to missed career opportunities or promotions.
- Future loss of income in case of permanent disability or reduced earning capacity.
- Loss of pension accrual during illness or disability.
3. Household help and care
If you are unable to perform household tasks or care for yourself due to the injury, you can claim the following costs:
- Hiring professional household help.
- Costs of informal care or family care.
- Adjustments in care needs, such as day care or personal assistance.
4. Pain and suffering compensation
There is no fixed tariff for a diagnosis such as whiplash or a fracture. The assessment considers the injury, treatment, lasting limitations and impact on daily life, alongside comparable court decisions. Pain and suffering is separate from lost earnings and other financial losses. Read the explanation and case examples.
5. Other costs and damage items
Besides the above items, there may be other costs, such as:
- Travel costs for hospital and therapy visits, including public transport, taxi, or private car.
- Extra costs for home adaptations, such as stairlifts, adapted bathrooms, threshold ramps, or housing modifications.
- Loss of vacation or other leave due to recovery.
- Costs for psychological help, such as therapy and counseling.
- Reintegration costs, for example training or retraining when returning to the old profession is not possible.
- Damage to personal belongings, such as clothing or glasses damaged in the accident.
- Assistance with administration and guidance during the claims process.
The procedure after a workplace accident: what should you do?
After a workplace accident, it is important to act quickly and carefully to protect your rights and optimally claim your damages. Below is a detailed description of the best steps to take:
- Report the accident immediately to your employer or supervisor. An official report is essential. Request a written accident report or have the accident recorded in the absence or incident register. This forms important evidence for a possible personal injury claim.
- Have your injury medically documented as soon as possible. Visit a doctor or hospital for diagnosis and treatment. Request a medical report describing the nature of the injury and its cause. This report is crucial for proving the damage and causality.
- Take photos of the situation and any defects. Document the accident location, hazardous conditions, broken machines, wet floors, or other factors that caused the accident.
- Note the names and contact details of witnesses. Colleagues or others who saw the accident or can confirm safety risks can play an important role in establishing liability.
- Check whether the accident must be reported to the Netherlands Labour Authority. Hospital admission, permanent injury or death trigger the employer’s duty to report immediately. See the reporting guidance above.
- Keep all relevant documents and correspondence. Think of medical bills, pay slips, insurance papers, and communication with your employer.
- Ask a workplace accident lawyer to assess liability and losses. Agree the scope of the work and any costs you may have to pay before work starts.
- If possible, maintain contact with your employer and insurer. Good communication can promote a quick settlement, but always get proper advice about your rights.
- Be patient but alert to the progress of your case. Personal injury procedures can take time, especially with complex injuries or disputed liability. Your lawyer supports you throughout the process.
How Arslan Advocaten can help after an accident at work
Arslan Advocaten specialises in personal injury cases, including workplace accidents. We understand that such an accident is impactful and therefore offer you:
- Extensive experience in various sectors, such as construction, logistics, and healthcare.
- A personal and involved approach, with your interests central.
- A team of personal injury lawyers and NIVRE-registered experts guiding the entire process.
- Determination in cases of unjustified rejections or low settlement offers.
- Assessment of whether reasonable legal costs can be recovered under article 6:96 BW, with written agreements about any costs you may have to pay yourself.
Our lawyers ensure you receive what you are entitled to and take as much worry off your shoulders as possible. We support you from the moment of the accident until the final settlement of damages.
Employment rights and medical advice
Compensation, wage continuation and reintegration are related but separate issues. Our personal injury and employment law specialists can coordinate these assessments. Where necessary, medical advisers through MEDICA assess the medical questions. A medical adviser does not decide legal liability.
Before agreeing a final settlement, clarify the medical prognosis, future care and income loss, and whether any reservation is needed. Do not assume an insurer’s offer includes every future consequence.
Frequently asked questions about personal injury workplace accidents
What does a workplace accident lawyer cost?
Reasonable legal costs may be recoverable from the liable party. This is not an automatic guarantee that every cost will be paid. Agree in writing what you may pay if liability or costs are disputed, or court proceedings are needed.
Will making a claim affect my job?
You normally hold the employer liable; its insurer may handle the claim if the policy covers it. Making a claim does not itself end your employment, but no adviser can guarantee that your job will continue. A fixed-term contract can expire during illness and dismissal protections have exceptions. Have any dismissal, agency contract or settlement proposal reviewed separately.
How long do I have to make a claim?
The usual five-year period for personal injury starts on the day after you became aware of both the damage and the person liable. Exceptions and rules on interrupting the period may apply. Have your deadline checked promptly.
What if the employer denies liability?
Keep the full rejection and the evidence relied on. A lawyer can assess whether the dispute concerns the accident itself, safety measures, the link with your injuries or the amount claimed. Each question needs different evidence; a favourable result cannot be guaranteed.
Related workplace accident guidance
- First steps after an accident at work
- Agency workers: the agency and the company where you work
- Discuss your workplace accident claim with a lawyer
Injured in an accident at work? Contact Arslan Advocaten for an initial assessment. Explain what happened and ask about the approach and cost arrangements for your case.
