- Even as a self-employed person or freelancer, you may be entitled to compensation after a workplace accident.
- The liability of employers for self-employed persons is regulated in article 7:658 paragraph 4 of the Dutch Civil Code (BW), which establishes the duty of care of the client.
- You can claim various types of damages, including medical expenses, loss of income, and pain and suffering compensation.
- It is important to report the accident properly, gather solid medical evidence, and engage a personal injury lawyer as soon as possible.
- Arslan & Arslan Advocaten offers free legal assistance and extensive experience with workplace accidents for self-employed persons.
What is a workplace accident for self-employed persons?
A workplace accident self-employed person is an accident that occurs during or in connection with work you perform as an independent entrepreneur or freelancer. This may involve an accident at the workplace provided by a client, or within the context of a project carried out for a client. Although self-employed persons are not employees and do not enjoy the same legal protections as employees, Dutch courts and legislation (specifically article 7:658 paragraph 4 BW) recognize that the client has a duty of care towards independents working on their premises, using their resources or following their instructions.
In practice, this means that if you as a self-employed person become the victim of a workplace accident, you may sometimes recover your damages from the client, provided you can demonstrate that they breached their duty of care. This is very relevant given that many self-employed persons work without other protections, without disability insurance, and without a safety net.
Liability of the client in a workplace accident involving a self-employed person
Unlike the extensive protection for employees (article 7:658 BW), liability for self-employed persons is more limited and depends heavily on the circumstances. Article 7:658 paragraph 4 BW states that the client has a duty of care comparable to that of an employer, but only insofar as this can reasonably be expected of them. This is also called the ‘duty of care towards the independent contractor’.
The client must demonstrate that they have reasonably taken all safety measures. These include, among others:
- Providing a safe workplace;
- Providing instructions and information about possible risks;
- Ensuring suitable personal protective equipment;
- Supervising where necessary;
- Conducting a risk inventory and evaluation (RI&E) if applicable.
If the client cannot prove that they fulfilled their duty of care, they may be held liable for your damages. This applies even if you as a self-employed person have no employment contract but worked under their authority or supervision, or used the client’s facilities.
Which types of damages can you claim as a self-employed person after a workplace accident?
If you experience a workplace accident as a self-employed person, it is important to know which types of damages you can claim from the liable party or their insurer. These damage categories are similar to those for employees, although there may be differences in proof and the scope of claims.
- Medical expenses: All costs for hospital stays, surgeries, physiotherapy, medication, and the deductible you have paid or will pay yourself.
- Loss of income: Since you as a self-employed person are not entitled to continued payment during illness, you can claim damages for the loss of income you cannot generate due to the accident.
- Future loss of income: If the injury leads to permanent limitations and you can work less or accept fewer assignments.
- Household help and additional care: If you can no longer take care of your household or personal care due to your injury.
- Travel expenses: Costs for transportation to doctors, therapy, or specialists.
- Pain and suffering compensation (smartengeld): Compensation for non-material damages such as pain, grief, anxiety, and loss of enjoyment of life. Pain and suffering compensation for workplace accidents often ranges between €500 and €50,000, depending on the severity of the injury and its impact on your life. For example, a simple bone fracture may result in a lower compensation, while severe permanent injury or disability can lead to higher amounts. For more examples, you can consult our page pain and suffering compensation for workplace accidents.
Practical steps after a workplace accident as a self-employed person
If you as an independent contractor are involved in a workplace accident, it is essential to take the right steps immediately to protect your rights:
- Always report the accident to the client and ensure an official accident report is made. This is important evidence.
- Seek medical help as soon as possible. Have the doctor or hospital properly document the cause and nature of the injury. Medication, diagnoses, and treatments must be clearly recorded.
- Take photos and collect evidence. Photos of the accident situation, hazardous conditions, defective machinery, or dangerous substances are crucial.
- Obtain witness statements. Note the contact details of colleagues, clients, or others who witnessed the accident.
- Check whether the accident has been reported to the Dutch Labour Inspectorate (Inspectie SZW). For serious accidents, the client is obliged to report this; this can help establish liability.
- Contact a specialized personal injury lawyer as soon as possible. They can advise you legally and assist with claiming compensation. See for example our personal injury services.
Why legal assistance from Arslan & Arslan Advocaten for workplace accidents involving self-employed persons?
At Arslan & Arslan Advocaten, we understand that a workplace accident self-employed person can be a traumatic experience with major consequences for health and income. Our team consists of specialized personal injury lawyers and NIVRE-registered experts with extensive experience in workplace accidents for freelancers and self-employed persons. We have successfully assisted clients in sectors such as construction, logistics, hospitality, and healthcare.
Our approach is characterized by:
- Personal attention and tailored guidance from the first contact;
- Strategic and sharp negotiation with insurers;
- Calculating and claiming all relevant damage items, including pain and suffering compensation;
- Litigating if desired to enforce a fair compensation;
- Completely free assistance: we work on the basis of cost reimbursement via the liability insurer of the client (article 6:96 BW).
This ensures you receive what you are entitled to without risking high costs. You can read more about our expertise on our pages personal injury Rotterdam or Amsterdam and The Hague.
Frequently asked questions
Does it cost me money to hire a personal injury lawyer?
No, if your claim is upheld, the liability insurer of the client reimburses the costs of our legal assistance based on article 6:96 BW. So you bear no financial risk.
Can I hold my client liable without losing my assignment?
Yes. You do not hold the client personally liable, but their insurer. Moreover, dismissing or refusing assignments due to a damage claim is not allowed and may violate your contract or the general principle of reasonableness.
How long do I have to file a damage claim after a workplace accident?
The statutory limitation period is 5 years from the day you became aware of your damage and liability (for example, the accident itself). Do not wait too long to act, as timely engagement of a lawyer is crucial for gathering evidence.
Which legal articles are important for my case?
The most important legal provisions are article 7:658 and paragraph 4 of that article of the Dutch Civil Code (BW), which establish the duty of care of employers and clients, and article 6:96 BW for reimbursement of legal costs for the injured party.
Read also
- Personal injury workplace accident complete guide
- Reporting a workplace accident to the Dutch Labour Inspectorate (Inspectie SZW)
- Pain and suffering compensation for workplace accidents: examples and amounts
Feel free to contact Arslan & Arslan Advocaten for a free initial consultation. We are ready to protect your rights and assist you with your damage claim, so you can count on the compensation you are entitled to after a workplace accident as a self-employed person or freelancer.