Work accident claim rejected: next steps

Workplace accident claim rejected: what can you do?

Workplace accidents in the Netherlands · Employer liability

A rejection from an employer or insurer is not a court decision. Whether you can challenge it depends on the stated reason and the evidence. Start by separating a dispute about how the accident happened from a dispute about safety measures, medical consequences or the amount of compensation.

What exactly has been rejected?

Ask for the complete written decision, including the documents relied on. Under article 7:658 of the Dutch Civil Code, you generally need to establish that you suffered harm in the course of your work. The employer must then demonstrate compliance with its duty of care, or that the statutory exception for intent or deliberate recklessness applies. An ordinary mistake by an employee is not automatically deliberate recklessness.

An insurer may instead dispute whether its policy covers the employer. Lack of insurance does not, by itself, remove an employer’s legal liability. Identify the employer, any employment agency and the company where you actually worked before deciding whom to address.

Match your evidence to the reason for rejection

Reason given	Useful evidence to preserve
The accident did not happen at work	Work schedule, assignments, incident report, messages, witnesses and photographs.
The work was safe	Instructions, training records, protective equipment, maintenance, supervision and the risk assessment relevant to the task.
Your injury is unrelated	Timing of symptoms, consultations and a medical assessment of the disputed connection.
You caused the accident yourself	The actual work process, time pressure, instructions and what the employer knew about working practice.
The claimed amount is unsupported	Payslips, invoices, benefit statements, records of help and a clear loss calculation.

Request preservation of CCTV and other records promptly; retention periods may be short. Do not alter messages or ask a witness to endorse an account they did not observe.

Prepare a focused response

Quote each disputed point in the rejection.
Set out the relevant facts chronologically, distinguishing what you saw from what someone told you.
Number the supporting documents and explain what each shows.
Identify missing information and request it specifically.
Ask the employer or insurer to reconsider and provide a reasoned response.

A photograph of the injury alone will rarely establish the entire case. Likewise, sending your complete medical file to the employer is generally unnecessary. Agree with your lawyer and medical adviser which information is relevant and how it should be shared.

When negotiation does not resolve the dispute

A further factual investigation, medical advice or expert assessment may clarify the disagreement. A court procedure can sometimes help. A Dutch personal injury partial dispute procedure, a deelgeschil, is intended to resolve an issue that can help negotiations move forward. It is not suitable for every case, particularly where extensive evidence gathering would be required. Discuss the objective, evidence, likely costs and alternatives before starting proceedings.

A disputed claim does not create an automatic right to an advance payment. If some liability or loss is accepted, an appropriately documented request for an advance may nevertheless be possible.

Protect the limitation period separately

A personal injury claim against the liable party commonly has a five-year period starting after you know both the damage and the liable person. The exact rule depends on the claim and circumstances. A properly addressed written notice unequivocally reserving the right to compensation can interrupt a limitation period, but receipt and wording matter. Do not assume that ordinary correspondence or negotiations always protect your claim.

A claim against an insurer can follow different rules under article 7:942, including a three-year period. Have the applicable claim, deadline and any interruption assessed individually. Different potential defendants may need separate notices.

Frequently asked questions

Should I sign a statement that I caused the accident?

Give an honest factual account, but do not sign a legal admission or final settlement you do not understand. Ask for a copy and time to obtain advice.

Can a second opinion help?

Yes. Provide the complete rejection, earlier correspondence and relevant evidence. A second opinion can identify missing proof and explain the risks; it cannot guarantee that the insurer will change its position.

Legal framework: Dutch Civil Code Book 7, articles 658 and 942, and Book 3, articles 310, 317 and 319.

Legal, employment and medical questions in one case

Arslan Advocaten combines personal injury lawyers, legal advisers and NIVRE registered experts. Our employment law specialists can assess wage payment, suitable work and employment termination alongside the injury claim. Where medical assessment is needed, we work with MEDICA Medisch Advies. Its role is to assess the medical information and consequences; it does not decide legal liability or replace your treating doctor or occupational physician.

We discuss the instruction, costs and necessary consent before obtaining medical information. Send medical records through the agreed secure route, not to your employer or in a public form. The first conversation is free and without obligation. The costs of further work are agreed separately.

Call +31 70 450 0300 to discuss your situation. Have the accident date, employment details and any insurer correspondence ready.