Are you dealing with a workplace accident? Then it is important to know when your employer is required to report this. In the Netherlands, serious workplace accidents must be reported to the Inspectorate Social Affairs and Employment (Labour Inspection). This is not only for permanent employees, but also for temporary workers. In this blog we explain what a serious workplace accident is and what your rights are as a victim.
When should a workplace accident be reported?
A workplace accident should be reported when it is considered serious. This is the case when:
- The employee is admitted to the hospital.
- There is permanent injury, such as:
- Blindness
- Amputation of limbs
- Chronic physical or mental complaints (for example PTSD)
- The accident leads to death.
If the severity of the injury becomes clear later on, the employer still has a duty to report. For example, if an employee ends up in the hospital or turns out to have permanent injury after the accident.
What happens after a notification?
When a serious workplace accident is reported, the Labour Inspectorate carries out an investigation. This process is as follows:
- Investigation at the scene of the accident: The employer must leave the location intact to facilitate the investigation.
- Interviews with those involved: Employees, witnesses and other parties are heard. In case of fatal accidents, contact is made with the next of kin.
- Reporting:
- If statutory safety rules have been violated, a fine report is drawn up. The employer can receive a fine of up to €50,000.
- If no rules have been violated, an accident report is drawn up.
The report from the Labour Inspectorate can then be used to demonstrate the employer’s liability in a personal injury claim.
Your rights after a work accident
As a victim of a workplace accident, you have rights, including:
- Compensation: For medical expenses, loss of income and other damage.
- Employer liability: According to Article 7:658 BW, the employer is responsible for providing a safe working environment and taking appropriate safety measures.
- Support in reintegration: If you are temporarily unable to work, the employer has a duty to support you in reintegrating or finding suitable work.
Why seek legal aid?
Claiming personal injury after a workplace accident can be complicated. Many victims find it important to maintain a good relationship with their employer. At Arslan Lawyers, we understand that and ensure a careful approach. Our services are also completely free of charge, as we recover our costs from the liable party.
What we offer:
- Experienced personal injury lawyers: We have extensive expertise in employment law and personal injury.
- Support in obtaining reports: We help you to review and use reports from the Labour Inspection for your claim.
- Speed and care: We ensure you receive a compensation as quickly as possible, including any advances.
Contact us for legal help
Are you a victim of a workplace accident? Or would you like to know more about your rights? Contact Arslan Lawyers. Fill in our contact form or call us. We are ready to help you and ensure you get what you are entitled to.