When an employee or other worker is injured in the workplace, it is very important that the accident is reported properly. The legislation on workplace accidents is strict: employers must report serious accidents immediately to the Netherlands Labour Authority.
Yet many employers and employees do not know exactly when an accident must be reported, and what happens afterwards. In this article, Arslan Advocaten explains step by step what the rules are, what you as an employer must do, and what rights a victim has.
When does an incident qualify as a workplace accident?
In short, a workplace accident (or occupational accident) is an accident that occurs during working hours and/or at the workplace. This also includes travel during working hours, for example when you are on your way to a client or a location for your work. An accident that happens during such a business trip therefore also counts as a workplace accident. However, travel time to and from home (commuting) not covered—accidents during these trips are not classified as workplace accidents.
When must a workplace accident be reported?
A workplace accident must be reported as soon as it is considered serious is considered. That is the case if:
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the employee in the hospital must be admitted;
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there is permanent injury, such as:
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blindness;
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amputation of limbs;
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chronic physical or psychological complaints (such as PTSD);
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or the accident results in death.
Besides these serious cases, there are also other situations that can fall under a workplace accident. For example, think of an office employee who needs to grab something and falls down the stairs, an employee who slips on a slippery floor at the workplace, or a worker who injures themselves while working with dangerous machines. These examples also illustrate how diverse workplace accidents can be, from relatively simple falls to incidents involving heavy machinery.
Even if the severity of the injury only becomes clear later, the employer remains required to report it.
For example: if an employee ends up in the hospital a few days after the accident or is found to have permanent injury.
⚠️ Note: the cause of the accident makes no difference. Even when the accident was (partly) caused by the employee, the employer remains responsible to report it to the Labour Inspectorate.
What role does intent or deliberate recklessness on the part of the employee play?
In principle, the responsibility for reporting a workplace accident always lies with the employer. But what if the employee has been deliberately reckless or has even acted intentionally? In those exceptional cases, the employer’s liability may lapse.However, this is not simply the case:
- Intent or deliberate recklessness by the employee must be clearly demonstrated by the employer.
- The bar for this is set very high.
- Not every clumsy or imprudent behavior qualifies as deliberate recklessness.
Consider, for example, situations in which an employee knowingly ignores very dangerous instructions or seeks out risks, while he or she knows that there is a high chance of injury.
Note: In practice, employers rarely succeed in actually providing this evidence. Therefore, the basic principle remains that the employer is responsible for a safe workplace—even if an employee makes a mistake.
How can a workplace accident be reported?A serious workplace accident must immediately be reported to the Netherlands Labour Authority
.
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This can be done in two ways:By phone
via 0800-5151 -
(available 24 hours a day, 7 days a week)Online
via the reporting form on the website of the Labour InspectorateIn the event of a fatal accident is reporting by phone mandatory
.
Make sure you have all relevant information on hand: date, time, location, persons involved, and a brief description of what happened.
Does the reporting obligation also apply to self-employed workers and temporary workers?
Yes.Employers are responsible for all persons who perform work within their organization
, regardless of their contract type.This means that also in the event of accidents involving self-employed workers, temporary agency workers or interns
a reporting obligation may apply.It is also good to know that this duty of care on the part of the employer does not only apply to employees with a permanent or temporary contract
,. The duty of care—and thus the liability in the event of workplace accidents—also extends to temporary agency workers, interns and volunteers. So whether someone is on the payroll, doing an internship, working through an employment agency, or contributing as a volunteer or self-employed person: the employer remains responsible for a safe working environment and the timely reporting of accidents.
Also read:👉
Workplace accidents and temporary agency workers: risks, rights and what you can do
What if the accident happens en route?
Not every accident outside the workplace is automatically subject to the reporting obligation.
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The rules are as follows:No duty to report
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in the event of an accident during regular commuting.Duty to report
in the event of an accident during a business trip during working hours, such as a client visit or delivery.In short: as soon as the accident occurs in the course of employment
, the duty to report applies.
See also:👉
Liability for personal injury: what you need to know
Company outing or team-building: how does that work?
An accident during a company outing or team-building can also be a reportable workplace accident.
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That depends on the following factors:
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the employer organises and pays for the outing;
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participation is (partly) mandatory or is strongly expected;
the outing takes place under the supervision of managers.If the connection to the work is clearly present
is, the accident is considered a workplace accident. The employer must then also report it to the Labour Inspectorate.
How do you report a workplace accident? (step-by-step plan)
Reporting an accident doesn’t have to be complicated, but it’s important to act carefully.Follow this step-by-step plan
:
1. Check whether the incident is a workplace accident
Is it an accident at the workplace or during work-related activities, involving serious injury or hospitalization? Then it is likely reportable.
2. Ensure immediate assistance
The employee’s health always comes first. Call in medical help and notify the family.
3. Prepare an accident report
Record precisely what happened, what the cause was, and which safety measures were taken. This report is essential for both internal handling and for the Labour Inspectorate.
4. Report the accident to the appropriate authorityIn case of hospitalization, permanent injury, or death:
report immediately to the Labour Inspectorate.
For less serious cases: inform the insurer in any case.
Read also:👉
Step-by-step plan: claiming personal injury compensation after an accident
What happens after the report?
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After the report, the Labour Inspectorate carries out an investigation. This usually proceeds as follows:On-site investigation:
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the location must remain intact.Interviews:
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involved employees, witnesses, and sometimes next of kin are interviewed.
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Reporting:If safety rules have been violated, a penalty report
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is drawn up (fines up to €50,000).If not, then a accident report
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with recommendations.
How long does the investigation take?
The duration depends on the severity and complexity of the accident. Sometimes the investigation is completed within a few weeks; in more serious cases it can take months.
The inspectorate keeps the employer and those involved informed of the progress.
Financial consequences of a workplace accident
The financial impact can be substantial, for both employer and employee.
Most employers are insured, but the coverage varies.
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Common types of damages include:Medical costs:
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hospitalization, surgeries, medication, therapy.Rehabilitation and aftercare:
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for example physiotherapy or psychological help.Loss of income:
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wage compensation in case of incapacity for work.Adjustments in the workplace:
to make reintegration possible.
In most cases, you can recover the damages you incur in a workplace accident from the (insurer of the) employer. For this, two conditions generally must be met: the damage must have occurred while performing the agreed-upon duties, and the employer must have failed to take sufficient measures to prevent the accident.
When the insurance does not cover everything, the employer be held liable
for the remaining damages.
Read more about this:👉
How does the personal injury claims process work?
Is the employer also liable if a colleague (partly) causes the accident?Yes, even if a colleague is (partly) responsible for the workplace accident, the employer remains liable in most cases. The law places the responsibility on the employer to provide a safe workplace—even when an employee’s mistake causes injury to another.Only in exceptional situations—for example, when there is intent or conscious recklessness by the employee—can the employer escape liability. In such a case, the employer must convincingly demonstrate that the accident was not the result of inadequate safety measures, but is entirely attributable to the employee’s irresponsible behavior.
In short: it usually doesn’t matter who caused the accident; the employer is usually responsible for the consequences.
When is the employer not liable for a workplace accident?
There are exceptions in which the employer is not liable for the consequences of a workplace accident. This applies only if the injury resulted from the employee’s intent or conscious recklessness. For example, situations where someone knowingly disregards safety regulations or deliberately endangers themselves and others. Important: the employer must prove that this was the case. In practice, this is almost always difficult to prove.
Exceptions to the employer’s liability
- In most cases, the employer is liable for a workplace accident, even if you as the employee are partly at fault for the accident. However, there are two important exceptions in which the employer is not liable:Intent:
- You deliberately caused the accident.Conscious recklessness:
You acted knowingly and without any caution, despite clear instructions and risks.
These are exceptional situations—the burden of proof lies with the employer. In practice, it is rare for an employer to successfully demonstrate that there was intent or conscious recklessness on the part of the employee.
Your rights as a victim of a workplace accident
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As an employee, after a workplace accident you are entitled to:Full compensation:
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medical expenses, loss of income, and other damages.Safe working environment: the employer is pursuant to Article 7:658 of the Dutch Civil Code
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obliged to ensure safe working conditions.Support for reintegration:
if you are temporarily unable to work, the employer must provide appropriate support.
More about compensation:👉
The benefits of legal assistance in personal injury cases
Why seek legal help?
Claiming compensation for personal injury after a workplace accident can be complex.
Many victims want to maintain a good relationship with their employer, but also want to assert their rights.Arslan Advocaten
ensures a careful approach in which both interests are respected.Our assistance is free of charge
, because we recover our costs from the liable party.
The importance of expert guidance
A workplace accident brings uncertainty and stress.
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An experienced personal injury lawyer:
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monitors deadlines and procedures;
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helps with requesting reports from the Labour Inspectorate;
and ensures proper handling of the compensation claim.
This helps you avoid mistakes and ensures you get what you are entitled to.
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What we offer at Arslan AdvocatenExperienced personal injury lawyers
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with expertise in employment law;Help with case file preparation
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and access to reports from the Labour Inspectorate;Speed and care:
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we ensure that you receive compensation as quickly as possible, including any advance payments;Free legal aid:
we recover our costs from the liable party.
Contact us for legal assistance
Are you the victim of a workplace accident or do you want to know if you are entitled to compensation?Contact Arslan
Lawyers.
