When an employee or other worker is injured at work, it matters greatly that the accident is reported correctly. The legislation on workplace accidents is strict: employers must report serious accidents report immediately to the Netherlands Labour Authority.
Yet many employers and employees do not know exactly when an accident must be reported, or what happens next. In this article Arslan Advocaten sets out step by step what the rules are, what you as an employer must do, and what rights a victim has.
When is there a workplace accident?
In short, a workplace accident is an accident that happens during working hours and/or at the workplace. This also covers travel during working hours, for example on your way to a client or to a site for your work. An accident during such a business journey therefore also counts as a workplace accident. Travel to and from home (commuting), however, does not fall under this — accidents during those journeys are not classed as workplace accidents.
When must a workplace accident be reported?
A workplace accident must be reported as soon as it is regarded as serious. That is the case where:
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the employee has to be admitted to hospital;
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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 other situations that can amount to a workplace accident. Think of an office worker who falls down the stairs while fetching something, someone who slips on a wet floor at work, or an employee injured while working with dangerous machinery. These examples show how varied workplace accidents can be, from relatively simple falls to incidents involving heavy machinery.
Even where the seriousness of the injury only becomes clear later, the employer’s duty to report remains.
For example, where an employee ends up in hospital a few days after the accident, or turns out to have permanent injury.
Note: the cause of the accident makes no difference. Even where the accident was caused wholly or partly by the employee, the employer remains responsible to report it to the Labour Inspectorate.
What role does the employee’s intent or conscious recklessness play?
In principle the responsibility for reporting a workplace accident always lies with the employer. But what if the employee was consciously reckless, or even acted deliberately? In those exceptional cases the employer’s liability can fall away.
That is not easily established, however:
- The employee’s intent or conscious recklessness must be clearly demonstrated by the employer.
- The threshold is very high. Not every clumsy or unwise act qualifies as conscious recklessness.
- Think of situations where an employee deliberately ignores highly dangerous instructions or seeks out risks, knowing that injury is very likely.
Note: in practice employers rarely manage to produce that proof. The starting point therefore remains that the employer is responsible for a safe workplace — even where an employee makes a mistake.
How can a workplace accident be reported?
A serious workplace accident must be reported immediately to the Nederlandse Arbeidsinspectie.
There are two ways:
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By telephone via 0800-5151
(available 24 hours a day, 7 days a week) -
Online via the reporting form on the Labour Inspectorate’s website
In the case of a fatal accident reporting by telephone is compulsory.
Make sure you have all the relevant details to hand: date, time, location, the people involved and a short description of what happened.
Does the duty to report also apply to self-employed and temporary workers?
Yes.
Employers are responsible for everyone who carries out work within their organisation, whatever their form of contract.
That means a duty to report can also apply to accidents involving self-employed workers, agency workers or trainees.
It is also worth knowing that this duty of care applies not only to employees on a permanent or fixed-term contract. The duty of care — and with it liability for workplace accidents — also extends to agency workers, interns and volunteers. So whether someone is on the payroll, doing an internship, working through an agency, or contributing as a volunteer or self-employed person: the employer remains responsible for a safe working environment and for reporting accidents in time.
See also:
Workplace accidents and agency workers: risks, rights and what you can do
What if the accident happens on the road?
Not every accident away from the workplace automatically falls under the duty to report.
The rules are as follows:
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No duty to report for an accident during ordinary commuting.
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A duty to report does apply for an accident during a business journey in working hours, such as a client visit or a delivery.
In short: as soon as the accident happens in the performance of the work, the duty to report applies.
See also:
Liability in personal injury: what you need to know
Company outings and team building: how does that work?
An accident during a company outing or team-building event can also be a reportable workplace accident.
That depends on the following factors:
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the employer organises and pays for the outing;
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attendance is wholly or partly compulsory, or is strongly expected;
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the outing takes place under the supervision of managers.
If the connection with the work is clearly present, the accident is regarded as a workplace accident, and the employer must report it to the Labour Inspectorate.
How do you report a workplace accident? (step by step)
Reporting an accident need not be complicated, but it does need to be done carefully.
Follow this step-by-step guide:
1. Check whether the incident is a workplace accident
Is it an accident at work or during work-related activities, with serious injury or hospital admission? Then it is probably reportable.
2. Arrange immediate assistance
The employee’s health always comes first. Call for medical help and inform the family.
3. Draw up an accident report
Record precisely what happened, what caused it and which safety measures were in place. This report is essential both internally and for the Labour Inspectorate.
4. Report the accident to the right authority
In case of hospital admission, permanent injury or death: report immediately to the Labour Inspectorate.
In less serious cases: at the very least inform the insurer.
See also:
Step by step: claiming after an accident
What happens after the report?
After the report the Labour Inspectorate carries out an investigation, usually as follows:
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On-site investigation: the site must be left undisturbed.
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Interviews: the employees involved, witnesses and sometimes surviving relatives are interviewed.
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Reporting:
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If safety rules have been breached, a penalty report is drawn up (fines up to €50,000).
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If not, a accident report with recommendations follows.
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How long does the investigation take?
That depends on the seriousness and complexity of the accident. Sometimes the investigation is finished within a few weeks; in more serious cases it can take months.
The inspectorate keeps the employer and those involved informed of progress.
Financial consequences of a workplace accident
The financial impact can be considerable, for employer and employee alike.
Most employers are insured, but the cover differs.
Common heads of loss are:
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Medical costs: hospital admission, operations, medication, therapy.
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Rehabilitation and aftercare: for example physiotherapy or psychological support.
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Loss of income: wage compensation during incapacity for work.
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Adaptations at the workplace: to make a return to work possible.
In most cases you can recover the loss you suffer in a workplace accident from the employer or its insurer. Two conditions usually have to be met: the loss must have arisen while performing the agreed work, and the employer must have taken insufficient measures to prevent the accident.
Where the insurance does not cover everything, the employer can be held liable for the remaining loss.
Read more about this:
How does a personal injury claim work?
Is the employer also liable where a colleague caused or contributed to the accident?
Yes. Even where a colleague is wholly or partly responsible for the accident, the employer remains liable in most cases. The law places the responsibility for a safe workplace on the employer — even where one employee’s mistake injures another.
Only in exceptional situations — for example intent or conscious recklessness by the employee — can the employer escape liability. The employer must then show convincingly that the accident did not result from inadequate safety measures but is entirely attributable to the employee’s irresponsible conduct.
In short: it usually makes no difference who caused the accident; the employer generally remains responsible for the consequences.
When is the employer not liable for a workplace accident?
There are exceptions in which the employer is not liable. That is only so where the injury arose through intent or conscious recklessness by the employee. Think of someone knowingly ignoring safety rules or deliberately putting themselves and others at risk. Importantly, the employer must prove that this was the case, and in practice that is almost always difficult.
Exceptions to the employer’s liability
In most cases the employer is liable for a workplace accident, even where you as the employee were partly at fault. There are, however, two important exceptions in which the employer is not liable:
- Intent: You caused the accident deliberately.
- Conscious recklessness: You acted knowingly and without any care, despite clear instructions and risks.
These are exceptional situations, and the burden of proof lies with the employer. In practice it is rare for an employer to establish intent or conscious recklessness on the employee’s part.
Your rights as the victim of a workplace accident
As an employee you are entitled, after a workplace accident, to:
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Full compensation: medical costs, loss of income and other losses.
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Safe working environment: under artikel 7:658 BW the employer must ensure safe working conditions.
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Support with returning to work: if you cannot work temporarily, the employer must provide appropriate support.
More about compensation:
The advantages of legal assistance in personal injury
Why get legal help?
Claiming personal injury after a workplace accident can be complex.
Many victims want to keep the relationship with their employer intact while still asserting their rights.
Arslan Advocaten takes a careful approach in which both interests are respected.
Our help is free of charge in most cases, because once liability is established we recover our reasonable costs from the liable party under Article 6:96 of the Dutch Civil Code. Where liability is disputed or not established, that does not apply, and we will say so at the outset.
Why expert guidance matters
A workplace accident brings uncertainty and stress.
An experienced personal injury lawyer:
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keeps track of deadlines and procedures;
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helps obtain the Labour Inspectorate’s reports;
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and ensures the claim is handled correctly.
That way you avoid mistakes and can be sure you receive what you are entitled to.
What we offer at Arslan Advocaten
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Experienced personal injury lawyers with expertise in employment law;
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Help with building the file and access to the Labour Inspectorate’s reports;
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Speed and care: we make sure you receive compensation as quickly as possible, including any advances;
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Free legal assistance: where liability is established we recover our costs from the liable party.
Get in touch for legal help
Have you been injured in a workplace accident, or do you want to know whether you have a claim?
Contact Arslan Advocaten.
We assess your case free of charge and guide you step by step in recovering your loss.
Related legal services
See also
- Employer liability for agency workers
- Settlement agreements for expats: special considerations
- Probation and dismissal during probation: your rights and pitfalls
Frequently asked questions
What exactly counts as a workplace accident?
A workplace accident is an accident that happens during working hours or at the workplace, including business travel. Accidents while commuting are not classed as workplace accidents.
When must a workplace accident be reported to the Labour Inspectorate?
A workplace accident must be reported where it is regarded as serious: hospital admission, permanent injury or death. Less serious accidents must also be reported if the seriousness only becomes clear later.
What are examples of accidents that seem minor but must still be reported?
Examples are a fall down the stairs, slipping on a wet floor, or a cut while working. These incidents must also be reported if permanent injury may arise or emerges later.
Does the employee’s intent or recklessness affect the employer’s duty to report?
In principle the employer must report every workplace accident, even where the employee was reckless. Only where intent or conscious recklessness is proven can the employer’s liability fall away.
See also: Workplace accident: what now? A complete guide to liability