- A traffic accident during working hours can raise questions about the liability of your employer.
- When you, as an employee, are involved in an accident during work, it is important to know your rights.
- We discuss the conditions under which an employer can be held liable in the event of a traffic accident during working hours.
A traffic accident during working hours often raises complex legal questions, especially about the employer’s liability. Employees spend a lot of time on the road for their work every day, whether it concerns commuting, a business trip to a client, or performing other tasks outside the office. When an accident occurs in such situations, it is important to know which party can be held responsible for the consequences.
In Dutch law, the relationship between employer and employee in accidents during working hours is regulated but not always straightforward. There are significant differences, for example, between an accident at the workplace itself and a traffic accident during working hours on the road. Whether the employer is liable depends, among other things, on whether the accident took place within the so-called ‘scope’ of the employment contract. This can affect possible compensation and other legal steps.
Furthermore, aspects such as the nature of the work, the location of the accident, and the employee’s role at the time of the accident play a crucial role. Employers are in some cases obliged to provide a safe working environment, but how far does this duty of care extend when an employee is on the road? In this blog post, we delve deeper into the situation of a traffic accident during working hours and discuss the conditions under which your employer can be held liable.
Whether you are a victim of an accident on the way to a business appointment or during a work-related trip, it is essential to know your rights and take the right steps. Arslan & Arslan Advocaten is ready to guide you through this process and ensure you receive what you are entitled to.
Employer liability in the event of a traffic accident during working hours
In Dutch labor law, the employer’s liability in the event of a traffic accident during working hours plays an important role. The distinction between commuting and actual working hours is crucial for assessing liability and the application of various legal provisions.
Difference between commuting and working hours
Commuting concerns the movement to and from the employee’s workplace. This is generally considered private traffic, even if the route is taken with the intention of performing work. During commuting, the employer generally does not have an extensive duty of care. Working hours, on the other hand, concern the moments when the employee is actually working or performing actions directly related to the employment contract, such as driving for deliveries, visiting clients, or conducting business trips. During working hours, the employer is obliged to ensure a safe working environment and safe execution of work. This means the employer bears more responsibility for accidents occurring during these hours.
Article 7:658 BW – Employer’s duty of care
Article 7:658 of the Dutch Civil Code (Burgerlijk Wetboek, BW) imposes an explicit duty of care on the employer. This provision states that the employer is obliged to ensure a safe working environment and to take all safety measures that can reasonably be required under the given circumstances. In the event of a traffic accident during working hours, the employer can be held liable if it appears that insufficient measures were taken to prevent the accident. This may be the case, for example, if the employer fails to provide adequate instructions, medical examinations of drivers, periodic maintenance of lease cars, or proper execution of traffic safety training.
Article 7:611 BW – Good employment practices
Article 7:611 BW contains the general standard of good employment practices. This article obliges both employer and employee to behave as a good employer and good employee respectively. The duty of care from article 7:658 BW is a concrete implementation of this. Good employment practices can also influence situations that do not strictly fall under working hours, for example when the employer plays a role in organizing or facilitating commuting, such as providing lease cars. Although liability for commuting is more limited, the employer can still be held liable on the basis of good employment practices if there is serious culpable behavior, such as requiring dangerous travel times or providing unsafe vehicles.
Article 6:162 BW – Tort
In addition to the provisions on labor law duties of care, liability can also arise under article 6:162 BW – the standard concerning tort. This article provides for liability when someone acts unlawfully and thereby causes damage. If an employer has been negligent or otherwise acted unlawfully, for example by failing to comply with the duty of care or providing a defective lease car, the employer can also be held liable under this civil law provision. This is particularly relevant in cases where the employee or third parties suffer damage as a result of the traffic accident.
Specific situations: lease cars, delivery drivers, and traffic accident analysis (VOA)
In practice, various specific situations arise where the employer’s liability in traffic accidents during working hours takes on a particular meaning. The status of lease cars plays a major role. Employers who provide lease cars must ensure that these vehicles meet all safety standards and are well maintained. If defects in a lease car contribute to a traffic accident, the employer can be held liable based on duty of care and tort. Additionally, many delivery drivers and chauffeurs work in professions where driving is a core task. For these employees, the employer must take additional measures, such as periodic driving skill tests and supervision of driving times, to ensure traffic safety.
An important role in establishing liability can also be played by a traffic accident analysis (VOA). The VOA investigates the circumstances surrounding the accident, including the position of involved vehicles, traffic situation, and possible behavior of the parties. Based on a VOA, it can be determined whether the accident was partly caused by circumstances attributable to the actions or omissions of the employer, such as insufficient instructions, unsafe work processes, or defective equipment. A well-prepared VOA report is therefore of great importance in conducting a liability procedure.
In summary, the employer has an extensive duty of care during working hours and can be held liable under both labor law provisions (articles 7:658 and 7:611 BW) and the civil law framework of article 6:162 BW if unlawful conduct is involved. The distinction between commuting and working hours is essential for assessing the applicability of these standards, while specific situations such as the use of lease cars, the work of delivery drivers, and the importance of a traffic accident analysis deserve extra attention in the context of liability.
What damages can you claim after a traffic accident during working hours?
If you are involved in a traffic accident during working hours, this can have serious personal and financial consequences. Fortunately, the law allows you to recover various damage items from the liable party. Below you will find an overview of all relevant damage items you can claim, so you get a full picture of your rights and possible compensation.
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Medical costs
All costs arising from the treatment of your injuries after the traffic accident can be claimed. This includes not only costs for hospital visits, surgeries, medication, and physiotherapy, but also costs for aids such as braces, prostheses, or rehabilitation equipment. It is important to keep all your medical receipts and invoices carefully, as these serve as proof of the expenses incurred. Future medical costs can also be included in the damage claim if it is expected that you will require ongoing care or treatment. -
Loss of income
If you are temporarily or permanently unable to work due to the accident, you are entitled to compensation for your lost income. This applies both to the wages you miss during the period of illness and to any future income losses if you cannot (fully) return to your previous position. The calculation of this income loss is based on your salary data and the expected period of incapacity for work. Self-employed persons can also recover their lost profits in this way. -
Household help
After a traffic accident, it may happen that you are temporarily unable to perform daily household tasks, such as cleaning, cooking, or shopping. Costs for hiring professional household help can then be reimbursed. This also applies to help from family members if a market-based compensation has been agreed upon. It is advisable to document these costs well, for example through invoices or agreements with helpers. -
Travel expenses
Due to the accident, you may have more medical appointments or your travel to work and other daily activities may temporarily change. All additional travel expenses resulting from the accident – such as taxis, public transport, or extra kilometers by car – are eligible for reimbursement. Again, keep all receipts and travel documents to substantiate the costs. -
Pain and suffering compensation (Smartengeld)
Smartengeld is compensation for the immaterial damage you suffer, such as pain, grief, and psychological distress. In traffic accidents during working hours, smartengeld can vary depending on the severity of the injury and the impact on your life. For example, in the case of whiplash without permanent injury, a smartengeld amount of several thousand euros (for example €3,000 to €7,000) may be awarded. In cases of severe brain injury or permanent incapacity for work, amounts can rise to tens of thousands of euros or more. A good personal injury lawyer can help substantiate and claim the correct amount. -
Future damages
In addition to direct damage items, it is important to also consider future damages. This includes, for example, missed promotion opportunities, income decline due to permanent limitations, and ongoing medical costs. Because future damages by definition concern costs and losses not yet incurred, determining these often requires careful prediction by experts such as labor experts and medical specialists. Filing a future damages claim ensures that you also receive proper compensation in the longer term.
What can you do yourself after the accident?
After an accident, it is important to act quickly and thoughtfully to protect your rights and limit the damage as much as possible. Below you will find an overview of the steps you can take yourself:
- First ensure your safety and health
Check whether you and any others involved are safe and provide first aid if necessary. Call 112 immediately in case of serious injuries. - Gather as much information as possible
Note the personal details of the other parties involved, such as name, address, phone number, and insurance details. Also take photos of the situation, vehicles, any damage, and the accident location. Contact details of witnesses are also very valuable. - Report the accident to the police if necessary
In some cases, it is mandatory to report the accident to the police, for example in case of bodily injury or disputes about the cause. Also, if you feel unsafe or if the responsible party refuses to cooperate, it is advisable to involve the police. - File a claim with your insurer as soon as possible
Inform your own insurer about the accident. This is important for further handling and possibly for submitting a claim. Be honest and accurate in your statement. - Keep all relevant documents and evidence
Think of medical statements, invoices, repair reports, or correspondence with insurers. These documents are essential for a successful claim or possible lawsuit. - Consult an expert lawyer as soon as possible
A specialized personal injury lawyer can advise you on your rights and the best next steps. They can also help you fill out forms and negotiate with insurers.
By carefully following these steps, you increase the chances of a successful settlement of your compensation and prevent important rights from lapsing. In case of doubt, it is wise to seek professional help immediately.
How does Arslan Advocaten help you?
Arslan Advocaten supports you with expert legal assistance after an accident. We understand that an accident is a traumatic event and that you may be overwhelmed by everything that needs to be arranged. Therefore, we gladly take care of the legal process so that you can focus on recovery.
Our services include, among others:
- Free initial advice and intake
In a non-binding conversation, we map out your situation and discuss the possibilities for a damage claim. - Support with establishing liability
We help you to document liability in writing and gather indispensable evidence. - Negotiation with insurers
Thanks to our experience in personal injury cases, we can negotiate on your behalf to obtain a fair compensation. - Full legal assistance
If an amicable settlement does not lead to the desired result, we support you in legal proceedings. - Assistance with personal injury claims including pain and suffering compensation
We ensure that you receive compensation for all direct and indirect damages, including medical costs, loss of income, and immaterial damage.
Pro bono assistance under article 6:96 BW
In many personal injury cases, you are entitled to legal assistance without having to pay costs yourself. This is regulated in article 6:96 of the Dutch Civil Code, which states that reasonable and necessary costs for legal assistance can be recovered from the liable party. This allows you to use our expertise free of charge without financial risk.
Offices in your region
Arslan Advocaten is located in several major cities, so we are always nearby and quickly accessible. You can visit us in Rotterdam, Amsterdam, The Hague, Utrecht, Eindhoven, and Tilburg. Contact us for an appointment at a location near you or for a telephone introduction.
Frequently Asked Questions
What should I do if I have had a workplace accident?
After a workplace accident, it is important first to seek medical help if necessary. Also, report the accident immediately to your employer and ensure it is officially registered. Collect as much evidence as possible, such as photos, witness statements, and medical reports. Then contact a specialist, such as Arslan & Arslan Advocaten, to discuss your rights and secure any damage claims.
Can I claim pain and suffering compensation after a workplace accident?
Yes, in many cases it is possible to claim smartengeld for immaterial damage, such as pain, suffering, and loss of enjoyment of life. The amount of smartengeld depends on the severity of the injury and its consequences for your life. Our lawyers can help you calculate and claim the appropriate compensation.
Who is liable in a workplace accident?
In principle, the employer is liable for accidents that occur during work, provided the accident falls within the employer’s responsibility. However, there may be situations where a third party is also liable, for example in case of defective machinery or unsafe working conditions. Always have your situation legally assessed.
How long does it take to settle a personal injury case?
The duration of a personal injury case can vary depending on the complexity of the case, the severity of the injury, and the willingness of parties to reach an agreement. Some cases can be resolved within a few months, while others take longer. We strive to handle your case as quickly and effectively as possible without compromising your interests.
Read also
- Personal injury in workplace accidents: complete guide
- Traffic accident during working hours: employer or driver liable?
- Pain and suffering compensation after a workplace accident: examples and amounts
Contact Arslan & Arslan Advocaten without obligation for a personal and expert assessment of your workplace accident. We are ready to represent your interests and ensure you receive what you are entitled to. Call or email us today for a free consultation.