Were you injured by a machine, production line or installation? Then both the technical situation and the organisation of the work are important in assessing liability. Who was allowed to operate the machine, how was a malfunction dealt with and which safety devices and instructions were in place? A machine accident is not automatically your own fault just because you were working with the machine.
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On this page you can read which facts need to be recorded after a workplace accident in industry and manufacturing, which parties may be involved and how a personal injury claim is investigated. The general legal framework can be found under workplace accidents and employer’s liability.
Arslan Advocaten. Updated: 20 September 2026.
Operation, cleaning and maintenance each require attention
An accident can happen during the normal production process, but also during cleaning, changeovers, maintenance or while clearing a malfunction. Especially with a non-routine task, it may be unclear which working method is safe and who is allowed to carry out the task. The Netherlands Labour Authority (Nederlandse Arbeidsinspectie) emphasises that machine safety also matters during maintenance.
In a crushing or trapping accident, for example, the moving parts, guards and the possibility of an unexpected restart are relevant. In a cutting accident, guarding, tools, working posture and material feed may be examined. In the case of burns or exposure, the installation, the substances used, ventilation and the protective measures chosen all play a role, among other things.
Therefore describe exactly what you were doing at that moment. “I was working on the machine” is often too general. Were you operating, cleaning, adjusting or unblocking it? Who had assigned you that task? Was this your usual work or were you standing in for someone? That information helps to focus the investigation on the right risks.
What duty of care does the employer have?
Article 7:658 of the Dutch Civil Code requires the measures and instructions that are reasonably necessary to prevent damage during the performance of the work. What this means in practice depends on factors such as the risks, the working method and the experience of the employee concerned. Safe work equipment, understandable instruction, training and appropriate supervision may all form part of it.
The presence of a CE marking or a manual does not in itself answer the question of whether work was carried out safely enough in the actual situation. The choice of machine, its use, maintenance, modifications and the organisation of tasks remain relevant. An inspection or certification is one part of the investigation, not a general exemption from liability.
An employer may also argue that the necessary measures had in fact been taken. A case file must therefore make clear what the situation was and why a measure may have been insufficient. The mere fact that an accident occurred does not automatically prove that every party involved breached a duty of care.
Malfunctions and unexpected start-up
When work is done on machines, it must be clear how hazardous movement and other energy sources are controlled. For the personal injury investigation, the prescribed procedure, how it was actually carried out and the responsibilities involved are important. Pressing a stop button is not in every situation the same as controlling all relevant risks.
Record who stopped the machine, who had access to the controls and whether colleagues knew that someone was working on the installation. Messages on a control panel, fault logs and camera footage may also be relevant. Keep what you lawfully have in your possession and ask the company to preserve other data.
Illustrative example: a product gets stuck on a conveyor belt. An employee tries to free it, after which the line starts moving again. Important factors for the assessment include the division of tasks, the safety devices available, the ways the line could restart and the normal procedure for malfunctions. Without those facts, no reliable conclusion about liability can be drawn.
Production pressure, routine and contributory negligence
In a production environment, pace, shift work and repetitive actions can affect the work. If a deviating working method was tolerated to limit downtime, that may be a relevant fact. Write down specific instructions or messages and have witnesses state in their own words what they saw.
Under Article 7:658 of the Dutch Civil Code, ordinary inattention is not the same as intent or wilful recklessness. The fact that someone breached an instruction does not automatically mean that the statutory defence succeeds. On the other hand, the employer may argue that it had fulfilled its duty of care or that the injury did not arise during the performance of the work.
Read more about this distinction under contributory negligence and wilful recklessness after a workplace accident. If your claim is rejected, always ask for the precise legal and factual reasoning.
Agency worker or employee of a maintenance company
If you work through an employment agency, both your contractual employer and the production company where you work are relevant. The responsibility of each party must be assessed separately. It is not enough to look only at whose name is on your payslip or who owns the machine.
In the case of a maintenance company or other contractor, the position of the client company may also be examined. Article 7:658(4) of the Dutch Civil Code, subject to conditions, protects persons who carry out work in the course of another’s business without an employment contract. This does not mean that every business client is automatically liable for every accident involving an external technician.
Map out who granted access, who arranged the work permit or assignment, who supervised and who could make decisions about the installation. For agency work, you can find more explanation on the page on agency workers and liability.
Employees who speak another language and new tasks
A general induction video is not automatically sufficient for every machine. What matters are the specific risks, a practical demonstration, the opportunity to ask questions and a check that the employee can carry out the task safely. A change of role or a move to another line may require new instruction.
Note in which language the explanation was given and whether you could understand it. Describe specific points that were unclear: an emergency stop, a hand signal, a written warning or the procedure for malfunctions. The investigation is not only about whether a translation existed, but about effective and understandable instruction in the actual circumstances.
Temporary workers, labour migrants and experienced employees also deserve instruction that suits the task. More information can be found under safety instructions and language.
What evidence should be kept?
- The type of machine, location, workstation and, if possible, the identification number.
- Photographs of the situation, guarding and equipment used, insofar as this is safe and permitted.
- The assignment, shift schedule, rosters and names of the supervisors involved.
- Instructions, training records, maintenance and fault records.
- Camera footage and digital log data that may clarify the incident.
- The first accident report, medical records and witness details.
- Correspondence about the investigation, liability and insurance cover.
Machines are sometimes quickly repaired or reset in order to resume production. Therefore ask in good time for relevant data to be preserved and for a description of any changes made. Do not carry out a dangerous reconstruction yourself and do not take company documents to which you have no lawful access.
An expert may be needed if the technical cause is disputed. The questions for the investigation must match the dispute. An extensive report on every feature of the factory is less helpful than a targeted investigation into the safety device, the action and the cause that are relevant to your accident.
The Labour Authority and the personal injury claim
In the event of death, hospital admission or permanent injury, the employer must immediately report the workplace accident to the Netherlands Labour Authority. If it only becomes clear later that such a consequence has occurred, the reporting obligation also applies. A day admission can also count as a hospital admission; the question cannot be answered solely on the basis of the number of days of absence.
An inspection can produce valuable facts, but does not automatically decide on full civil compensation. A civil assessment may be needed even without a fine. See reporting a workplace accident: what are the rules?
Damage from hand injuries, burns or long-term absence
The consequences of a machine accident can go beyond the initial treatment costs. Limitations can affect work pace, availability for shift work, personal care and household tasks. Which consequences are permanent requires a medical assessment. A diagnosis alone does not tell you what someone can continue to do in their own job.
Where there is liability, loss of income, reasonable costs not reimbursed elsewhere, necessary assistance and compensation for pain and suffering (smartengeld) may be examined, among other things. Each item needs its own substantiation. There is no general fixed amount, for example for a finger injury or a burn, that can be applied without an assessment of your situation.
Keep track of income, expenses and assistance. For wages and long-term absence, we refer you to WIA, wages and reintegration. If liability and part of the damage are sufficiently established, a substantiated advance payment can be discussed.
Frequently asked questions
Is an employer always liable for a machine accident?
No, that depends on the facts and the legal assessment. The duty of care, whether the damage arose during the work and any defences must be investigated.
Does a CE marking mean my claim has no chance?
No. Use, maintenance, modifications, instructions and supervision are also relevant. A marking does not in itself answer every question about safety in your work situation.
What if I was trying to fix a malfunction?
Record who instructed you to do so, what the usual procedure was, which safety devices were present and how the machine could move or restart. Those circumstances are important for the assessment.
As an agency worker, can I hold the production company liable?
That is possible under certain conditions. Both the employment agency and the company where you actually worked must be assessed on their own role and statutory obligations. They are not automatically both liable in every case.
Do I have to wait for the Labour Authority?
Not for medical help, preserving evidence or assessing deadlines. An inspection report may later become part of the case file, but the civil claim is assessed separately.
Have the accident and your damage assessed
Contact Arslan Advocaten with your accident report and a description of the machine and the work. Indicate which documents are missing and who has them. Discuss the costs in advance; recovering reasonable extrajudicial costs where there is liability is not the same as a guarantee that every investigation or procedure is free of charge.
Sources
- Netherlands Labour Authority: machine safety
- Netherlands Labour Authority: workplace accidents
- Dutch Civil Code, Book 7, Article 658
- Supreme Court of the Netherlands: the test for wilful recklessness
