- Reporting a workplace accident to the labour inspectorate is mandatory for serious accidents at work.
- The employer has an extensive duty of care under Arbowet article 9 and Civil Code (Burgerlijk Wetboek, BW) article 7:658.
- Failure to report can lead to fines and increased liability for employers.
- A personal injury lawyer can help you recover damages from the employer, often free of charge thanks to article 6:96 BW.
- We advise seeking legal assistance immediately after a workplace accident and properly documenting the incident.
Reporting a workplace accident to the labour inspectorate is an important legal obligation for employers in the Netherlands. When a serious accident occurs during work, the employer must report it immediately to the Social Affairs and Employment Inspectorate (Inspectie SZW). This is essential to improve workplace safety and to ensure that victims can exercise their rights. In this comprehensive article, we explain when and how you must report a workplace accident, the consequences of failing to do so, and how Arslan & Arslan Advocaten can assist you in recovering your personal injury damages.
What is a workplace accident according to the Arbowet?
According to the Arbowet (Occupational Health and Safety Act), a workplace accident is any incident that occurs in the course of work activities and results in injury to an employee. This can range from falling off a ladder to exposure to hazardous substances. The employer must ensure a safe working environment and take measures to prevent accidents.
The law specifically states in Arbowet article 9 that serious accidents must be reported immediately to the Inspectie SZW. Serious accidents include those resulting in hospitalization, permanent injury, or death. Reporting enables the Inspectorate to conduct investigations and take enforcement actions if necessary.
Reporting a workplace accident to the labour inspectorate: when is it mandatory?
The reporting obligation applies to all employers in the Netherlands who experience a serious accident at the workplace. According to the Arbowet, a report must be made if the accident leads to:
- Hospitalization of an employee
- Permanent injury or permanent incapacity for work
- A fatal workplace accident
- An incident that poses a danger to life or health
Accidents involving hazardous substances that cause acute health complaints must also be reported. The report must be made as soon as possible, no later than 24 hours after the accident, via the digital reporting system of the Inspectie SZW.
Failure to report a mandatory workplace accident can result in administrative fines or even criminal prosecution of the employer.
The employer’s duty of care and liability
In addition to the reporting obligation, the employer has an extensive duty of care as described in article 7:658 of the Civil Code (Burgerlijk Wetboek, BW). This article stipulates that the employer must ensure a safe workplace and prevent employees from suffering harm during their work. This includes providing instructions, supplying personal protective equipment, and conducting a risk inventory and evaluation (RI&E).
If a workplace accident occurs, the employer is liable unless they can prove they fulfilled their duty of care. The burden of proof lies with the employer, meaning the employee does not have to prove the accident was caused by employer negligence.
If the employer fails to report a workplace accident to the labour inspectorate, this can also be seen as an indication of non-compliance with the duty of care, which strengthens liability. This may affect the compensation you can receive.
How does reporting a workplace accident to the Inspectie SZW work?
Reporting a workplace accident to the Inspectie SZW is done via the online reporting form on the Inspectorate’s website. The employer or their representative fills in details about the accident, the involved employee, and the circumstances. This must be done within 24 hours after the accident.
After the report, the Inspectorate may decide to initiate an investigation. This can range from requesting additional information to conducting a thorough on-site inspection. The goal is to determine whether the employer took sufficient measures to prevent the accident and complied with the Arbowet and other safety regulations.
In case of violations, the Inspectorate can impose fines, demand enforcement penalties, or in severe cases, halt work. This contributes to a safer working environment and prevents future accidents.
What damages can you claim after a workplace accident?
If you are a victim of a workplace accident, you can claim various types of damages from your employer or their insurer:
- Medical expenses: such as hospitalization, surgeries, physiotherapy, medication, and deductibles.
- Loss of income: the difference between your normal salary and the partially paid salary during illness (usually 70%).
- Future loss of income: if you are permanently less able or unable to work.
- Household help: when your injury prevents you from doing household tasks.
- Travel expenses: for visits to doctors, therapists, and hospitals.
- Pain and suffering compensation (smartengeld): compensation for pain, grief, and loss of enjoyment of life. The amount can range from a few thousand euros for relatively minor injuries to tens of thousands for severe permanent injuries. For example, permanent loss of function of an arm often results in an award between €15,000 and €40,000.
Most employers have liability insurance that covers these damages, so you do not have to negotiate directly with the employer.
What to do after a workplace accident?
If you are involved in a workplace accident, it is important to take the right steps immediately to protect your rights:
- Report the accident to your supervisor and ensure it is recorded in an official accident report.
- Visit a doctor or hospital for medical documentation of your injury. This is crucial for your damage claim.
- Take photos of the situation and any hazards or defects at the workplace.
- Note names and contact details of witnesses who saw the accident.
- Check whether your employer reported the accident to the Inspectie SZW, especially in case of serious injury or hospitalization.
- Engage a specialized personal injury lawyer as soon as possible, such as Arslan & Arslan Advocaten, who can assist you free of charge.
Why choose Arslan & Arslan Advocaten?
At Arslan & Arslan Advocaten, we support victims of workplace accidents with specialized knowledge and experience. Our team consists of personal injury lawyers and NIVRE-registered experts who know exactly what is involved in recovering damages after a workplace accident.
We guide you from the first report to a full settlement. Our lawyers are assertive and do not hesitate to litigate if the insurer offers an insufficient amount. This often makes the difference between a disappointing and a fair compensation.
Moreover, our assistance is free for you. If liability is recognized, our costs are reimbursed by the employer’s liability insurer, based on article 6:96 BW. This allows you to focus fully on your recovery.
What are the consequences of not reporting a workplace accident?
If an employer fails to report a workplace accident to the Inspectie SZW, this can have several negative consequences:
- Fines and sanctions: The Inspectorate can impose administrative fines that may reach tens of thousands of euros.
- Increased liability: Failure to report can be used as evidence that the employer does not take their duty of care seriously, strengthening your claim.
- Delays in processing: Without an official report, investigations may take longer, delaying your compensation.
- Risk of recurrence: Without reporting and inspection, hazardous situations may go unnoticed, risking new accidents.
Therefore, it is crucial that you as an employee remain alert to your employer’s compliance with the reporting obligation. If in doubt, you can also contact the Inspectie SZW yourself to file a report.
Frequently Asked Questions
Does hiring a personal injury lawyer cost me money?
No. If liability is recognized, the costs of legal assistance are covered by the employer’s liability insurer. You therefore bear no financial risk by engaging a lawyer.
Can I hold my employer liable without losing my job?
Yes. You do not hold your employer personally liable but their insurer. Moreover, your employer may not dismiss you for filing a damage claim. The law protects employees against dismissal in such cases.
How long do I have to file a damage claim?
The statute of limitations for personal injury claims is five years from the moment you become aware of the damage and the liable party. It is advisable to engage a lawyer as soon as possible, as the earlier you start, the stronger your case usually is.
What happens if my employer did not report the workplace accident to the labour inspectorate?
If your employer does not report the accident, this can lead to sanctions against the employer and strengthens your position in a damage claim. You can also file a report yourself with the Inspectie SZW. It is wise to consult a personal injury specialist in such a situation.
Read also
- Personal injury workplace accident: complete guide
- Unable to work after workplace accident: WIA and reintegration
- Pain and suffering compensation workplace accident: examples and amounts
Contact Arslan & Arslan Advocaten without obligation if you are a victim of a workplace accident and want to protect your rights. We are ready to help you free of charge and professionally with recovering your personal injury damages. Contact us today for a free consultation.