Workplace accident in cleaning and hospitality: who is liable?

23 September 2026
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Workplace accident in cleaning and hospitality: who is liable?

Slipped while cleaning, burned in a kitchen or injured while moving a heavy load? In the cleaning and hospitality sectors too, a workplace accident can lead to a personal injury claim. The question is not only what you did yourself, but also how the work was organised, which risks were known and which measures were reasonably necessary.

Nederlands: Lees dit artikel in het Nederlands: Bedrijfsongeval in schoonmaak en horeca: wie is aansprakelijk?

Türkçe: Bu makaleyi Türkçe okuyun: Temizlik ve yiyecek-içecek sektöründe iş kazası: kim sorumlu?

Do you work for a cleaning company at a client’s premises, through an employment agency or as an on-call worker in a restaurant? Then it must be established who your employer was and which other parties had influence over safety. Below you can read which facts and documents are important. For the general framework, see our page on employer liability for a workplace accident.

Arslan Advocaten. Updated: 20 September 2026.

Slipping: the floor, the task and the organisation of work

A slippery floor may be caused by water, grease, cleaning products, a leak or something else. Arboportaal (the Dutch government’s occupational health and safety portal) describes various ways of reducing slips and falls. In a personal injury case, the actual condition of the floor, the walking route and the measures actually taken are important.

A warning sign may be relevant, but it does not answer every question on its own. Was the route necessary to carry out the work? Could the risk have been removed or cordoned off? Was suitable equipment available? Did management know about a recurring problem? The timing of cleaning while other work was going on may also be relevant.

Record what you saw, where you were walking and which task you were carrying out. Photographs taken immediately after the incident can help if the floor has later dried or been cleaned. Do not put yourself back in a dangerous spot to gather evidence. Ask colleagues to write down their own observations.

Burns, cuts and kitchen equipment

In a kitchen, hot liquids, hot surfaces, knives and machines can pose risks. An investigation may look at the layout of workstations, the condition of equipment, working arrangements and the way staff were trained on the job. A busy shift does not remove the need for safe working practices.

In an incident with hot oil, for example, describe which action was being carried out and who had instructed it. With a slicing machine, the guarding, operation, cleaning procedure and whether you were authorised to carry out the task are relevant. Do not confuse normal operation with maintenance or clearing a fault; these can involve different risks.

Illustrative example: at the end of a shift, a new employee is told to clean a kitchen machine and is injured. Relevant factors for the assessment include switching the machine off, guarding, instruction and supervision. The example does not produce an automatic outcome; the actual course of events remains decisive.

Cleaning products and unexpected exposure

Products may contain substances that damage the skin, eyes or airways. In the event of an incident, record which product was used, which task you were performing and what information is on the packaging. The safety data sheet may be relevant for assessing the risks and protective measures.

According to Arboportaal, the employer must assess exposure to hazardous substances as part of the risk inventory and evaluation and take appropriate measures. An assessment may therefore go further than the question of whether gloves were handed out. The choice of products, working methods and technical controls may also be relevant.

After exposure, do not experiment with the product yourself to find out the cause. Pass the product information on to the person treating you and keep existing documentation. Complaints after prolonged exposure may require a different assessment from an injury caused by a single, clear incident; the causal link must be investigated both medically and factually.

Who is responsible if you clean at a client’s premises?

Your cleaning employer remains an important party, even if the accident happens in a client’s building. At the same time, it can be investigated what influence the client had over the premises, equipment and performance of the work. Responsibilities may differ by task and location.

Article 7:658(4) of the Dutch Civil Code (BW) may, under certain conditions, offer protection when work is performed for someone other than the contractual employer. However, this does not automatically make every owner of a building liable for every injured visitor or external worker. Other legal bases may also be relevant, depending on the defect or conduct involved.

Note the names of the cleaning company, the facility manager and the person who gave instructions. Keep work orders, access details, reports of defects and contact persons. Where several parties are involved, a formal notice of liability must be addressed to the correct individuals or legal entities.

On-call worker, agency worker or no signed contract

A flexible schedule does not mean you fall outside the protection against unsafe work. However, the working relationship, the day of the accident and the consequences for your income must be properly substantiated. Schedules, group messages, time records and payslips can show when and under whose instructions you worked.

In agency work, the agency and the actual workplace are considered separately. See workplace accident as an agency worker. If you did not sign anything, that does not automatically establish that there was no employment contract. Read working without a written contract and personal injury.

A question about pay during sickness has a different legal basis from the damages claim arising from the accident. The same schedules and payment details may be useful for both questions. Make sure you keep them before a scheduling app or work account becomes inaccessible, within the permitted access and privacy rules.

Young workers and workers who speak other languages

Training new staff requires attention to age, experience and the specific task. In addition, specific employment rules apply to young people. Some work is prohibited and other work is only permitted under certain conditions, including appropriate expert supervision. An adult colleague nearby does not automatically make every task permissible.

For workers who speak little Dutch, it must be examined whether instructions were actually understandable and usable. A quick verbal instruction during a busy shift may not be clear enough for an inexperienced worker. At the same time, what was explained and understood must be established for each situation.

Record who trained you, which tasks were demonstrated and what you were supposed to do if in doubt or in the event of a fault. You can find more information at safety instructions and language.

“You should have paid more attention”

An ordinary mistake is not automatically intent or deliberate recklessness. In a claim based on Article 7:658 of the Dutch Civil Code, the employer’s duty of care must also be considered. An employer cannot in every case escape liability simply by stating that an employee could have seen a risk.

Ask for a written rejection stating specific reasons. Is the dispute about whether the accident happened, the safety measures or your conduct? Those are different questions. Read more about contributory negligence and deliberate recklessness.

Evidence that easily disappears after the shift

  • The schedule and division of tasks for the shift in question.
  • Photographs of the floor, leak, equipment or other accident situation.
  • The first report to your supervisor, the client or the employment agency.
  • Names of colleagues and others who observed something.
  • Camera footage, cleaning checklists and reports of earlier defects.
  • Product information, instructions and details of maintenance or repairs.
  • Medical records, proof of expenses and income before and after you stopped working.

Ask in good time for relevant footage and records to be preserved. A workplace can change quickly after a shift. If you have no witness, other evidence may help; see workplace accident without witnesses. Do not invent precise details if you do not know them; indicate your uncertainty instead.

Reporting, income and damages

The employer must immediately report serious occupational accidents resulting in death, hospital admission or permanent injury to the Netherlands Labour Authority (Nederlandse Arbeidsinspectie). A serious consequence that only becomes clear later may also trigger a reporting obligation. A report is not an automatic admission of civil liability, and the absence of a report does not in itself rule out a damages claim.

If liability is established, loss of income, reasonable costs not reimbursed elsewhere, necessary assistance and compensation for pain and suffering (smartengeld) may be assessed, among other things. In hospitality or cleaning, variable hours, allowances and multiple employers can make the income calculation more complicated. Use verifiable data and do not make a general estimate as if every busy month were representative of the whole year.

For continued payment of wages, benefits and reintegration, we refer you to incapacity for work after a workplace accident. Keep track of the obligations and deadlines of those processes separately.

Frequently asked questions

Can I hold my employer liable if I slip while cleaning?

That may be possible. The floor, the work, the equipment available, the instructions and the measures taken must be assessed. Not every fall automatically leads to liability.

Is a warning sign enough to rule out liability?

Not automatically. The possibility of removing the risk, cordoning off routes and working safely may also be relevant. The sign is part of the overall assessment.

Whom do I hold liable for an accident at a client’s premises?

Your own employer is a primary party. Depending on the facts, the client or another party may also be investigated. The legal basis and role are assessed for each party.

As an on-call worker, can I also have a claim assessed in the same way?

An on-call contract does not rule out employer liability. Keep careful records of your schedule, assignment, working relationship and earnings so that both the accident and the damage can be investigated.

Do I have to pay all the legal costs myself?

If liability is established, reasonable extrajudicial costs may be recoverable subject to statutory conditions. That is no general guarantee covering all costs or proceedings. Discuss the arrangements in advance.

Discuss your situation

Contact Arslan Advocaten and state the workplace, employer, task and date of the accident. Enclose the rejection letter if you have one. Let us know in which language you would like explanations and whether, in addition to personal injury, there is also an urgent pay or contract problem.

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