An accident in agriculture or greenhouse horticulture can affect your health, your income and sometimes your accommodation as well. If you work in a greenhouse, on a farm or through an employment agency, it must be established who organised your work and which safety measures were required. A temporary contract or a different nationality does not in itself cancel out any claims you may have.
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This page covers personal injury caused by, among other things, falls, machinery, internal transport and incidents involving substances. The assessment always depends on the specific accident. For an overview of the statutory principles, you can read more about workplace accidents and employer liability.
Arslan Advocaten. Updated: 20 September 2026.
Different tasks, different risks
Agriculture and greenhouse horticulture cover a wide range of tasks. In a greenhouse, this may involve a pipe-rail trolley, harvesting, stacking trolleys or working at height. On other farms, the focus may be on vehicles, machinery, animals or building maintenance. A general description such as “work in horticulture” is therefore often too broad for an accident investigation.
The occupational health and safety catalogue for greenhouse horticulture published by Stigas (the agricultural sector’s health and safety organisation) deals with pipe-rail systems, forklift trucks, working at height, crop protection, physical strain and instructions for agency workers and employees who speak other languages, among other topics. Which guidance is relevant depends on the actual task and situation. A health and safety catalogue does not automatically determine the outcome of a civil damages claim.
Describe as precisely as possible what you were doing: picking on a work platform, pushing a trolley, cleaning a machine or fixing a fault. Note where you were standing, which equipment was used and who gave the instruction. These details help determine which safety measures and instructions should be examined.
When can the employer be liable?
Article 7:658 of the Dutch Civil Code (BW) sets out the duty of care for safe working conditions. The employer must take the measures and give the instructions that are reasonably necessary to prevent harm. Safe equipment, instruction and appropriate supervision may form part of this. In principle, the employee must show that the damage was suffered in the course of performing the work.
After that, relevant questions include whether the employer complied with that duty of care and whether a statutory defence succeeds. An accident does not automatically lead to liability, but “it comes with the job” is not a sufficient ground for rejection either. Relevant risks must also be controlled during seasonal peaks and when staff are deployed temporarily.
If you work through an employment agency, the agency and the business where you actually work must each be assessed on the basis of their own role. The fact that the grower gives daily instructions does not by itself make the agency’s position irrelevant. See also liability in agency work.
A fall from a pipe-rail trolley or work platform
In the case of a fall, factors such as the floor surface, the system, the height, the condition of the equipment and the way it was used are important. Another question is whether the employee had been instructed for the task and whether the equipment was suitable for that specific work. The cause may turn out to be different from the first impression after the accident.
Note which trolley or platform was used and ask for inspection and maintenance records to be preserved. Only take photographs if it is safe to do so. Record whether a part was replaced or a working method was changed after the accident, without immediately concluding from this that there was legal negligence before the accident.
Illustrative example: a harvest worker falls while moving a platform. Whether a defect, the floor surface, the working method or a combination of these caused the fall must be investigated. An explanation that the employee “moved the wrong way” does not make an investigation into the layout and instructions unnecessary.
Vehicles, forklift trucks and stacking trolleys
In internal transport, the routes of vehicles and pedestrians, lines of sight, loading operations and communication are important. Who was allowed to operate the vehicle? Was it known that someone was working behind a trolley or in a passageway? Was the load stable? The answers to these questions can give direction to the safety investigation.
When a trolley topples over or rolls away, relevant factors include the stacking method, aids, the floor and the division of tasks. A busy period or time pressure may be relevant to how the work was actually organised, but it is not a general justification for unsafe working practices.
Keep the names of those present and promptly ask for camera footage to be preserved. For accidents in a storage or distribution setting, you can also read about workplace accidents in logistics and warehouses.
Crop protection products, cleaning agents and other substances
An incident involving a substance requires a record of the product, the task, the time and the circumstances of exposure. The name on a package, a safety data sheet and information about the protective equipment used may become important later. Tell those treating you what happened and which substance was probably involved.
A sudden incident is not the same as health complaints that develop after prolonged exposure. With a possible occupational disease, other evidential problems may arise concerning exposure, medical cause and employment history. The mere fact that someone handled a substance at work does not prove that every complaint was caused by it.
Do not try to collect a hazardous substance yourself or take it home for a file. Ask for the product details and let any medical or expert assessment follow the proper route. Safety and medical help take priority over taking photographs or keeping material.
Instructions for seasonal workers and labour migrants
A new worker is often not yet familiar with local working methods. According to Stigas, information and instruction must match the risks of each job; the timing, content and expertise of the person giving the explanation also matter. A general induction therefore does not automatically settle all safety questions.
State in which language you received explanations, whether the tasks were demonstrated and whether anyone checked that you understood the task. Merely asking for a signature on a form says little about what was actually clear in practice. At the same time, understandable instruction does not have to consist exclusively of a written translation in every situation.
Read more about language and safety instructions. Even if you speak little Dutch, it helps to draw up your own timeline, in your preferred language if necessary, and to keep original messages.
When work and accommodation are linked
After you drop out of work, disputes may arise at the same time about pay, the continuation of your contract and your accommodation. Deal with these issues separately. An arrangement about accommodation is not automatically the same as the employment contract, and a damages claim does not in itself offer an immediate solution to an impending move.
Keep rental arrangements, deductions from your wages and messages about a departure date. Have it assessed which rules apply to your specific living and working relationship. See also accommodation after a workplace accident as an agency worker.
Under the current ABU/NBBU collective labour agreement (cao) for agency workers, reporting sick alone is not an automatic ground for termination under the agency clause (uitzendbeding). An agreed end date can, however, be reached during illness. Therefore, have the applicable collective agreement, the contract and the stated ground for termination assessed before drawing conclusions about pay or benefits.
Which documents help?
- Employment or agency contract, payslips and contact details of the agency and the host company.
- Schedules, time records, transport arrangements and your task on the day of the accident.
- The first report, photographs, witness details and medical records.
- Details of the machine, vehicle, trolley, platform or product involved.
- Instructions, training and any available maintenance or inspection reports.
- Proof of expenses, loss of income, necessary assistance and payments received.
- Separately: rental arrangements and messages about contract or accommodation problems.
If you have no witness or documents are missing, do not delay making contact for that reason alone. There may be other sources of evidence. See also evidence after an accident without witnesses. Always be honest about what you know yourself and what you heard from others later.
Reporting and compensation
The employer must immediately report an accident resulting in death, hospital admission or permanent injury to the Netherlands Labour Authority (Nederlandse Arbeidsinspectie). This also applies if the serious consequence only becomes clear later. An inspection investigation and a civil personal injury claim serve different purposes. The outcome of one procedure is not automatically a complete decision in the other.
If liability is established, loss of income, reasonable costs not reimbursed elsewhere, necessary assistance and compensation for pain and suffering (smartengeld) may be assessed. The length of your contract, your employment history and your prospects after recovery may be important for the loss of earning capacity. Seasonal work also requires a specific calculation; the income from one busy week cannot simply be extended to all future years.
If you are moving to another country, plan for communication, medical records and proof of income. Returning abroad does not in itself end a Dutch personal injury claim, but it may raise practical questions and questions about benefit entitlement. See returning abroad after a workplace accident.
Frequently asked questions
Can I claim compensation as a seasonal worker?
Yes, under certain conditions. The temporary nature of the work does not automatically rule out liability. The working relationship, safety measures, cause and damage must be assessed.
Whom do I hold liable: the employment agency or the grower?
Report the accident to both parties involved. The liability of each is assessed on the basis of its own role and statutory obligations. Both parties are not automatically liable in every case.
Is a fall in the greenhouse always my own fault?
No. The layout, equipment used, instructions and supervision are also relevant. Ordinary inattention is not the same as deliberate recklessness.
What if I did not understand the safety explanation?
Record in which language the explanation was given, what was demonstrated and what remained unclear. It must be investigated whether the instruction was understandable and adequate in your working situation.
Can I continue the case from abroad?
This can often be arranged in practice, but it depends on the file. Make sure you can be reached and keep your medical and financial documents. Assess any conditions for benefits separately.
Contact us about your accident
Contact Arslan Advocaten and state your work, the companies involved and your preferred language. Also mention any urgent problems with pay or accommodation. The costs of assistance are discussed in advance; recoverable extrajudicial costs are subject to statutory conditions.
Sources
- Stigas: health and safety catalogue for greenhouse horticulture
- Stigas: information and instruction
- Netherlands Labour Authority: occupational accidents
- ABU: collective labour agreement for agency workers 2026-2028
- Dutch Civil Code, Book 7, Article 658
