- Slipping on a wet floor at the workplace is a common occupational accident often with serious consequences.
- The employer has a duty of care for a safe workplace under article 7:658 BW and can be held liable in case of an accident.
- Damages you can claim include medical expenses, loss of income, pain and suffering compensation, and more.
- The Labour Inspectorate (SZW) plays an important role in investigating workplace accidents.
- Psychological consequences of slipping are recognized and can also lead to compensation for pain and suffering.
- Contributory negligence may play a role in determining liability, but the employer usually bears (partial) responsibility.
- The type of workplace (office, construction site, kitchen) influences liability and compensation.
- Witnesses and evidence are crucial to support your personal injury claim.
Slipping on a wet floor at the workplace is a frequently occurring cause of personal injury in the Netherlands. Whether you work in an office, on a construction site, or in a kitchen, the risk of slipping and sustaining injury is real and can be serious. Legally, such a slip often qualifies as an occupational accident. The employer has a duty of care under article 7:658 of the Dutch Civil Code (Burgerlijk Wetboek, BW) to ensure a safe working environment. In this comprehensive article, we delve deeply into the legal aspects of slipping on a wet floor at the workplace, discuss the steps after such an accident, and explain how you can claim your damages. Additionally, we highlight related topics such as the investigation by the Labour Inspectorate, psychological consequences, and the role of witnesses and evidence.
What is an occupational accident and what does slipping on a wet floor at the workplace mean?
An occupational accident is an accident that occurs during or in connection with the performance of work activities. Slipping on a wet floor during working hours is a classic example. Such accidents can cause a range of injuries: from minor bruises to serious fractures, concussions, or even permanent injury.
According to article 7:658 BW, the employer must ensure a safe workplace. This means that the employer must take all reasonably expected measures to prevent accidents. Think of timely cleaning of wet floors, placing warning signs, providing anti-slip mats, and instructing employees about safe behavior.
If slipping on a wet floor at the workplace occurs, the employer can be held liable if they have failed to fulfill this duty of care. This means that the employer must compensate damages resulting from this accident.
The employer’s liability in case of slipping on a wet floor
Article 7:658 BW governs employer liability in occupational accidents. This article imposes a so-called reversed burden of proof: it is not the employee who must prove that the employer was negligent, but the employer who must prove that they fulfilled their duty of care.
The employer must therefore demonstrate that all reasonable measures were taken to prevent slipping on a wet floor. This can be shown, for example, by proving that a risk inventory and evaluation (RI&E) was conducted, that floors are regularly checked and cleaned, that warning signs are posted, and that employees have been given instructions.
If the employer cannot prove this, they are liable for the damages you suffer. This means you are entitled to compensation for your medical costs, loss of income, pain and suffering, and other damage items.
An exception applies only if the employee acted consciously recklessly or intentionally, which is rarely assumed in practice.
Example of liability
Suppose you work in a warehouse where the floor remains wet after cleaning without a warning sign being placed. You slip, break your wrist, and sustain personal injury. In this case, the employer likely cannot prove that all measures were taken to prevent slipping, making them liable for your damages.
What damages can you claim after slipping on a wet floor at the workplace?
After an accident where you slip on a wet floor, you can claim various types of damages. Below is a detailed overview with examples:
1. Medical expenses
This includes all costs you incur for treatment of your injury, such as hospital stays, surgeries, physiotherapy, medication, and aids. The deductible of your health insurance can also be claimed. It is important to keep all medical invoices carefully.
2. Loss of income
Due to the injury, you may be temporarily unable to work or work fewer hours. By law, you are entitled to at least 70% continued payment of wages by your employer during illness, but you can claim the difference between your full salary and this amount as damages. For example, if you earn 100% salary but only receive 70%, you can claim the remaining amount as income loss.
3. Future loss of income
If your injury has permanent consequences causing you to work less or accept a lower position, you can also claim future loss of income. This may be the case with permanent mobility restrictions.
4. Household help
If due to the injury you are temporarily or permanently unable to perform household tasks, you can claim the costs of household help.
5. Travel expenses
All necessary travel to doctors, therapists, or hospitals can be reimbursed.
6. Pain and suffering compensation (smartengeld)
Pain and suffering compensation is a payment for immaterial damages such as pain, grief, anxiety, and loss of enjoyment of life. This amount varies greatly depending on the severity and duration of the injury.
Examples of pain and suffering compensation for slipping
- Minor bruise or sprain: approximately €500 – €1,500
- Bone fracture without complications: €2,000 – €5,000
- Concussion or whiplash with long-term complaints: €5,000 – €15,000
- Permanent injury with loss of function: €15,000 – €50,000 or higher
More examples and amounts can be found in our blog Pain and suffering compensation for occupational accidents: examples and amounts.
The process of an investigation by the Labour Inspectorate (Inspectie SZW)
When a serious occupational accident occurs, such as slipping resulting in hospital admission or permanent injury, the employer must report this to the Inspectie SZW (formerly Labour Inspectorate). This authority then investigates the circumstances of the accident.
Steps in the investigation
- Notification: The employer is obliged to report the accident within seven days using the form “Notification of serious occupational accident”.
- Inspection visit: Inspectors from SZW visit the site to assess the situation and collect evidence.
- Interview: Inspectors speak with involved parties, such as the victim, colleagues, and supervisors, to reconstruct the accident.
- Collecting evidence: Photos, videos, reports, and the RI&E are requested.
- Reporting: The inspectorate prepares a report with conclusions about the cause and whether the employer fulfilled their duty of care.
- Enforcement: In case of violations, the inspectorate can impose fines or take other measures.
An investigation by the Labour Inspectorate can provide important evidence for your personal injury case. Therefore, it is crucial to check whether your employer has properly reported the accident. More information can be found in our blog Reporting an occupational accident to the Labour Inspectorate SZW.
The psychological impact of slipping at the workplace
Personal injury is not limited to physical complaints. Slipping and sustaining an injury can also have serious psychological consequences. Fear of returning to the workplace, post-traumatic stress disorder (PTSD), depression, and insomnia are common.
These psychological consequences are recognized by courts as part of the personal injury and can lead to additional compensation in the form of pain and suffering. It may also be necessary to claim treatments such as therapy or psychological counseling as medical expenses.
Hypothetical example
An employee slips on a wet floor in a kitchen and severely breaks her ankle. After recovery, she continues to suffer from fear of working in the kitchen again due to the risk of recurrence. She also develops sleep problems and depressive symptoms. In this case, a lawyer can argue for compensation of psychological damages in addition to physical damages.
How does contributory negligence (shared liability) work in slipping on a wet floor?
Although employers have a duty of care, in some cases contributory negligence (article 6:101 BW) may apply. This means the employee bears part of the fault for the accident. This can lead to a reduction in the compensation.
Examples of contributory negligence
- The employee ignores warning signs or instructions.
- The employee wears inappropriate shoes on a slippery floor.
- The employee performs unsafe actions increasing the risk of slipping.
The court assesses the degree of fault distribution. For example, if the employer is deemed 80% liable and the employee 20%, the compensation is reduced by 20%.
Differences between slipping in an office, construction site, and kitchen
The circumstances of slipping vary greatly depending on the type of workplace, which affects liability and compensation.
Slipping in an office
The risk is generally lower in an office, so the employer is expected to properly supervise cleaning and maintenance. A wet floor without warning signs can quickly lead to liability.
Slipping on a construction site
Risks are greater and more complex on construction sites. The employer must ensure strict safety instructions, use of anti-slip materials, and proper personal protective equipment (PPE). Here, a higher degree of employee responsibility often applies. Nevertheless, the employer remains liable if insufficient measures were taken.
Slipping in the kitchen
In kitchens, the risk of wet and slippery floors is high due to spilled liquids. The employer must ensure quick cleaning, anti-slip floors, and warnings. Employees must wear proper shoes. Liability may be shared depending on the circumstances.
The role of witnesses and gathering evidence
Witness statements and evidence are crucial to prove that your slipping on a wet floor at the workplace was caused by employer negligence. The more and better evidence you gather, the stronger your case.
How to effectively gather evidence?
- Take photos immediately: Of the wet floor, missing warning signs, slippery spots, and the situation around the accident.
- Note witnesses: Ask colleagues or others who saw the accident to provide a written statement.
- Keep documents: Accident reports, medical statements, cleaning schedules, and communication with the employer.
- Medical reports: Ensure complete medical documentation of your injury and treatments.
If you hire a lawyer, they can assist you in collecting and securing evidence and requesting reports from the Labour Inspectorate.
Practical tips after slipping on a wet floor at the workplace
After slipping at work, it is important to act quickly and carefully to protect your rights:
- Report the accident immediately to your supervisor and have it recorded in an official accident report.
- Have your injury medically documented by a doctor or specialist.
- Take photos of the spot where you slipped and ensure witnesses provide written statements.
- Keep all medical and financial documents safe.
- Check whether your employer has reported the accident to the Inspectie SZW.
- Engage a specialized personal injury lawyer as soon as possible for optimal guidance.
Why choose Arslan & Arslan Advocaten?
At Arslan & Arslan Advocaten, we understand how impactful an occupational accident can be. Our specialized personal injury lawyers have extensive experience with slipping on wet floors at the workplace across various sectors, including construction, hospitality, logistics, and office environments. We fully support you, from gathering evidence to negotiating with insurers and litigating if necessary.
Our services are free of charge for you if liability is recognized, as costs are reimbursed by your employer’s insurer under article 6:96 BW. We ensure you receive what you are entitled to, including pain and suffering compensation, medical expenses, loss of income, and more.
Feel free to contact us for a free and non-binding intake consultation via our contact page. We are here for you.
Frequently asked questions about slipping on a wet floor at the workplace
1. When is my employer liable for slipping on a wet floor?
Your employer is liable if they have not fulfilled their duty of care to keep the workplace safe, such as cleaning floors and placing warnings. This is assessed based on article 7:658 BW.
2. Can I receive pain and suffering compensation for a slip?
Yes, if you sustain injury from slipping and experience pain, grief, or psychological complaints, you can claim pain and suffering compensation. The amount depends on the severity of your injury and its consequences.
3. What should I do if my employer does not report the accident to the Labour Inspectorate?
You can contact the Inspectie SZW yourself to report the accident. Your lawyer can also do this to initiate the investigation and secure evidence.
4. How does contributory negligence work in slipping on a wet floor?
If you contribute to the accident, for example by wearing unsafe shoes or ignoring warnings, this can lead to a reduction in your compensation.
5. How long do I have to file a personal injury claim?
The statutory limitation period is five years from the moment you become aware of the damage and the responsible party. It is advisable to seek legal advice as soon as possible.
Read also
- Personal injury services of Arslan & Arslan Advocaten
- Occupational accident: complete guide
- Pain and suffering compensation for occupational accidents: examples and amounts
Contact Arslan & Arslan Advocaten without obligation for expert assistance with personal injury caused by slipping on a wet floor at the workplace. We are ready to represent your interests and fully recover your damages.