- A traffic accident during working hours falls under the category of occupational accidents, where the employer is usually liable.
- Under artikel 7:658 BW (Article 7:658 of the Dutch Civil Code), the employer has a duty of care for a safe working environment.
- Damage items you can claim include medical expenses, loss of income, household help, travel expenses, and compensation for pain and suffering.
- It is important to report the accident immediately, collect medical documentation, and seek legal assistance as soon as possible.
- The costs of a personal injury lawyer are usually covered by the employer’s liability insurance (artikel 6:96 BW – Article 6:96 of the Dutch Civil Code).
A traffic accident during working hours can have serious consequences for the employee, both physically and financially. The question of who is liable — the employer or the driver — is crucial for recovering damages. In this blog, we explain in detail the legal framework, what rights you have as an employee, and how Arslan & Arslan Advocaten can assist you in claiming your personal injury damages. We also discuss practical steps you can take immediately after the accident to strengthen your position.
What is a traffic accident during working hours?
A traffic accident during working hours is an accident that occurs while you are performing your work duties, for example, while driving a company car, visiting a client, or transporting goods. This falls under the broader category of occupational accidents. According to Dutch law, an occupational accident is defined as an accident related to work and occurring during the performance thereof.
Under artikel 7:658 of the Dutch Civil Code (BW), the employer has a statutory duty of care. This means the employer must ensure a safe working environment and take all necessary measures to prevent accidents.
Employer liability in case of a traffic accident during working hours
The employer’s liability in the event of a traffic accident during working hours is regulated in artikel 7:658 BW. It states that the employer is liable for damage suffered by the employee during or as a result of the performance of his work, unless the employer can prove that he has fulfilled his duty of care.
This rule includes a reversed burden of proof: it is not up to the employee to prove that the employer was at fault, but rather the employer must demonstrate that all measures were taken to prevent the accident. This makes it relatively easier for employees to obtain compensation.
The employer’s duty of care includes, among other things:
- Conducting a risk inventory and evaluation (RI&E) to identify hazards in the workplace, including traffic risks.
- Providing clear instructions and ensuring sufficient training and education for employees.
- Providing safety equipment and personal protective equipment.
- Supervising compliance with safety regulations.
If the employer fails to meet this duty of care, he is liable for the damage you suffer. Liability only lapses in cases of intentional or conscious recklessness by the employee, which rarely occurs in practice.
When is the driver liable?
Besides the employer, the driver of the vehicle can also be liable for the traffic accident. This is relevant, for example, when the accident is not directly related to work or when the driver has committed traffic errors or negligence.
The driver’s liability is mainly governed by the Wegverkeerswet (WVW) (Road Traffic Act), particularly artikel 185 which regulates the driver’s liability in traffic accidents. The driver’s insurer also plays a role in handling the damages.
In complex traffic situations, such as a collision between an employee driving during working hours and a third party, liability may be shared or difficult to determine. This often requires legal expertise to clarify liability.
Which damage items can you claim after a traffic accident during working hours?
After a traffic accident during working hours, you can claim various damage items from the liable party, usually the employer or their insurer. These damage items may include:
Medical expenses
All costs related to the treatment of your injury, such as hospital stays, surgeries, physiotherapy, medication, and the deductible of your health insurance.
Loss of income
During illness, the employer usually pays 70% of the salary. You can claim the remaining loss of income. Future income loss may also be relevant if the accident leads to permanent limitations reducing your ability to work.
Household help
If your injury prevents you from doing household chores, you can recover the costs of household help from the employer.
Travel expenses
Costs for transportation to doctors, therapists, and other medical providers can also be claimed.
Compensation for pain and suffering
Compensation for pain and suffering is a reimbursement for non-material damage, such as pain, grief, and loss of enjoyment of life. The amount depends on the severity of the injury and its impact on your life. Case law examples show that compensation for serious whiplash injuries often ranges between €5,000 and €15,000, while for severe brain injuries amounts can reach €100,000 or more (read more about compensation for pain and suffering here).
What should you do after a traffic accident during working hours?
Immediately after a traffic accident during working hours, it is important to take the right steps to safeguard your rights. We recommend the following actions:
- Report the accident immediately to your supervisor and ensure it is recorded in an official accident report. This is important for later evidence.
- Seek medical help from a general practitioner or hospital, even if you think your injury is minor. Medical documentation is crucial for personal injury claims.
- Take photos of the accident site, any defects, or hazards that caused the accident.
- Collect witness statements by noting the names and contact details of bystanders.
- Check whether your employer has reported the accident to the Dutch Labour Inspectorate (Inspectie Sociale Zaken en Werkgelegenheid – SZW), especially in cases of serious injury or hospitalization, as required by the Working Conditions Act (artikel 7:658 BW).
- Engage a specialized personal injury lawyer as soon as possible, preferably with experience in traffic and occupational accidents, such as Arslan & Arslan Advocaten. This helps you to optimally recover your damages.
Why choose Arslan & Arslan Advocaten for a traffic accident during working hours?
Arslan & Arslan Advocaten has many years of experience assisting victims of occupational accidents, including traffic accidents during working hours. We specialize in personal injury cases and ensure that your interests are optimally represented. Our advantages:
- We have a team of specialized personal injury lawyers and NIVRE-registered experts who master all legal and medical aspects.
- We handle the entire process, from gathering evidence to negotiating with insurers and, if necessary, litigating.
- Our services are free of charge for you: according to artikel 6:96 BW, the costs of legal assistance in recognized liability cases are reimbursed by the employer’s insurer.
- We are assertive and do not accept too low compensation offers.
- We offer personal attention and keep you continuously informed about the progress of your case.
Would you like to know more about our approach? Feel free to contact us for a free intake consultation.
Frequently asked questions about a traffic accident during working hours
Does a personal injury lawyer cost me money?
No. In cases of recognized liability, the employer’s insurer pays the costs of your legal assistance. This is regulated in artikel 6:96 BW. Therefore, you bear no financial risk.
Can I hold my employer liable without losing my job?
Yes, you do not hold your employer personally liable, but their insurer. Moreover, an employer may not dismiss you for filing a damage claim. Your employer is insured for such situations and has an interest in compensating you properly.
How long do I have to file a damage claim after a traffic accident during working hours?
The general limitation period for personal injury claims is five years from the day you became aware of the injury and the damage (artikel 3:310 BW). It is advisable not to wait too long and to seek legal help as soon as possible.
What if my employer claims I am partly at fault for the accident?
Even if there is contributory fault, the employer can still be liable unless you acted intentionally or with conscious recklessness. In practice, liability is often shared. An experienced personal injury lawyer can advise you on the best strategy and establish liability as favorably as possible.
Read also
- Personal Injury Rotterdam: what you need to know
- Traffic accident during working hours: employer and driver liability
- Compensation for pain and suffering in traffic accidents: amounts and examples
Feel free to contact Arslan & Arslan Advocaten if you have been involved in a traffic accident during working hours. We are happy to help you assert your rights and recover the damages to which you are entitled.