Even without a standard employment contract, you may be protected after an accident at work. For an intern, student or volunteer, this depends on the actual working relationship, the work being done and the extent to which the organisation had control over safety. Simply calling something an “internship” or “volunteer work” does not decide whether the loss must be compensated.
Nederlands: Lees dit artikel in het Nederlands: Bedrijfsongeval als stagiair, student of vrijwilliger: uw rechten
Türkçe: Bu makaleyi Türkçe okuyun: Stajyer, öğrenci veya gönüllü olarak iş kazası: haklarınız
In the case of young people, loss can also arise from delays in their studies or limitations on their future career. That requires a different kind of substantiation than simply comparing payslips. This page helps you gather the most important facts and documents. The general framework is set out on our page on workplace accidents and employer liability.
Arslan Advocaten. Updated: 20 September 2026.
The actual work carried out matters
A student may have a side job as an employee, follow a work-based learning programme, do an internship or help out an organisation unpaid. From a legal point of view, these situations are not the same. Even within an internship, you need to look at the arrangements that were made and at what the person actually did.
Who gave the instructions? Who set the working hours? Was there a learning objective and supervision? Was the organisation’s ordinary work being carried out? Were wages or an allowance agreed? These questions help to describe the relationship. No single feature on its own automatically determines the full legal classification.
For an employee, Article 7:658 of the Dutch Civil Code (BW) is an important legal basis. Outside an employment contract, paragraph 4 of that article may be relevant under certain conditions. Depending on the situation, other grounds for liability or insurance policies may also play a role. A careful investigation therefore does not start from the assumption that every intern is an employee, or that every volunteer is solely responsible for themselves.
What does the duty of care involve?
The employer must take the measures and give the instructions that are reasonably necessary to prevent harm during the work. The nature of the task, the risks, experience, age and circumstances are all relevant. A new intern, for example, may need different supervision from someone who has been performing the same task safely for years.
Safe equipment alone is not always enough. The allocation of tasks, explanation, supervision and the opportunity to ask for help can also be important. Conversely, the mere fact that an accident happened does not prove that every organisation involved fell short.
In principle, the injured person must substantiate that the loss arose during the work. The applicable rules on the duty of care and the defences must then be assessed. The question of who has to prove which facts deserves attention, particularly where the organisation disputes the assignment or the accident.
When can a volunteer be protected?
On 15 December 2017, the Supreme Court of the Netherlands (Hoge Raad) ruled that volunteer work can, in certain circumstances, fall within Article 7:658(4) of the Dutch Civil Code. Relevant factors include whether the person was partly dependent on the organisation they worked for with regard to their safety, and whether the work fell within that organisation’s professional or business activities. It is also relevant whether the work could have been done by the organisation’s own employees.
This does not mean that every activity at a club or every favour between friends falls under the same rules. The nature of the organisation, the work and the safety relationship must be examined in concrete terms. The outcome may therefore differ between, for example, maintenance work for an organisation and an entirely independent private activity.
Keep the call for volunteers, the allocation of tasks, instructions and the names of those in charge. Payment is not the only decisive factor. Even with unpaid work, it may be necessary to assess who was able to control the risks and what protection the law offers.
The host company and the educational institution have different roles
An internship often involves several parties: the student, the host company and the educational institution. An internship agreement or work placement agreement may contain arrangements on tasks, supervision and insurance. How the placement was carried out in practice also remains important. An agreement between organisations cannot simply exclude every statutory claim of the injured student.
The host company is not automatically released from responsibility merely because a school is involved. Conversely, the educational institution is not automatically liable for every incident at the placement. For each party, it must be examined which obligations and options existed and whether a failure is connected to the loss.
Report the incident to the supervisors involved and ask for written confirmation. Record who was supervising on the day of the accident and whether the task fell within the agreed internship duties. Also collect any insurance details, but do not simply wait for the school and the company to coordinate between themselves.
Young people: age, prohibited work and expert supervision
Special rules apply to children and young people regarding working hours and the work they may do. The exact requirements depend on factors such as age and the task. The Dutch central government (Rijksoverheid) explains that 16- and 17-year-olds may do a lot of work, but not all hazardous work; certain high-risk tasks are only permitted subject to conditions and under expert supervision.
The fact that a young person says they have experience, or is keen to do a task, does not automatically make that task permitted. Parental consent does not answer every question about working conditions either. You should therefore record age, work, instructions and supervision in concrete terms.
Illustrative example: a minor employee is told to clean a machine after closing time. For the assessment, what matters is the machine, any prohibitions or conditions for the task, the instructions given and the supervision actually provided. The presence of an adult colleague somewhere in the building is not in itself a complete answer.
Contributory negligence and lack of experience
Inexperience may in fact be a reason to provide appropriate explanation and supervision. A mistake by an intern or young worker therefore does not automatically exclude liability. Ordinary carelessness is something different from intent or deliberate recklessness within the meaning of Article 7:658 of the Dutch Civil Code.
However, you do need to look at the applicable legal basis and the actual conduct. An organisation may also argue that the necessary measures were in fact taken. A rejection should therefore be read as a combination of legal and factual arguments, not solely as the accusation that someone “did not listen”.
For further explanation, see contributory negligence and deliberate recklessness. Be honest about what you did and did not know and which instructions you had received.
What evidence should you keep after the accident?
- Employment, internship or volunteer agreement and information about the organisation.
- Learning objectives, task arrangements, rosters and contact details of supervisors.
- Messages about the assignment and any changes to the work.
- Safety instructions, induction materials and arrangements on supervision.
- Photos, camera footage, witness details and the first accident report.
- Medical records on the onset of the injury, treatment and limitations.
- Study records, missed classes or placements, costs and previous earnings.
- Policies or written responses from the insurers involved.
Ask for data that might otherwise disappear to be preserved. An internship account may be closed once the placement ends, and footage may be overwritten. Only keep what you are lawfully entitled to keep, and share data with care. If there is no witness, other sources of evidence can also help. Read evidence without witnesses.
Loss without a full salary
Having little or no income before the accident does not mean there can be no loss. Think of reasonable costs not reimbursed elsewhere, necessary help, consequences for a side job, and compensation for pain and suffering (smartengeld). Where limitations are long-lasting, future earning capacity and delays in education may also need to be investigated.
Study delays must be substantiated in concrete terms. Which parts of the programme could not be followed? Was a replacement placement or an adjustment possible? How much of the delay is genuinely connected to the accident? A statement from the educational institution, study progress records and correspondence about adjustments can help with this.
A future career cannot simply be calculated by settling on one desired profession and salary. Education, performance, plans, opportunities and remaining capabilities all play a part. With young victims, the uncertainty can be considerable. That is a reason for careful investigation and, where necessary, reservations, not for an arbitrary fixed amount of compensation.
Accident insurance is not the same as liability
Sometimes a school, club, employer or municipality provides accident insurance. Under certain conditions, the policy may pay out a fixed amount or an amount calculated according to a table. That is something different from full compensation of all civil-law loss by a liable party.
A payment or rejection under such a policy therefore does not automatically answer the question of liability. Report a potentially covered incident in good time and have the conditions, time limits and the relationship with other payments assessed. Do not assume, on the basis of the name of an insurance policy, that every item of loss is covered.
Time limits and representation
When assessing and safeguarding a claim, you should not simply wait for the insurer or for an investigation by the school. The limitation period, a policy obligation and another procedure may each have their own rules. Special rules may apply to minors; have these assessed for the specific claim.
Where a minor is involved, it must be clear who acts on his or her behalf and what powers, or any court approval, are needed for a final settlement. An advance payment and a final settlement have different consequences. So do not sign a final settlement until the legal position and future uncertainties have been explained to you.
Frequently asked questions
Is an intern entitled to compensation after an accident?
That is possible under certain conditions. The working relationship, the task, the duty of care and the cause of the accident must be investigated. Calling it an internship does not automatically exclude protection.
Can a volunteer rely on employer liability?
In certain circumstances, Article 7:658(4) of the Dutch Civil Code may apply. Dependence on the organisation for safety and work falling within the organisation’s activities are important points of assessment. Not all volunteer work automatically falls under it.
Is the school always responsible for an accident during an internship?
No. The host company and the educational institution have different roles. Any liability on their part is assessed separately on the basis of obligations, facts and causal link.
Can study delays form part of the loss?
Yes, if the delay is connected to the accident and is sufficiently substantiated. Study records, medical limitations and information about possible adjustments may be relevant.
Does an accident insurance payout exclude a personal injury claim?
Not automatically. An accident insurance policy and a liability claim have different legal bases. The conditions and the relationship between payments must be assessed.
Contact us for an assessment
Contact Arslan Advocaten and state your age, the work you were doing, the organisations involved and the date of the accident. Bring the agreement and any responses from the school, employer or insurer. Discuss costs and cover in advance; not every step is automatically free of charge.
Sources
- Supreme Court of the Netherlands, 15 December 2017: volunteer work and Article 7:658(4) of the Dutch Civil Code
- Dutch Civil Code, Book 7, Article 658
- Rijksoverheid: work for 16- and 17-year-olds
- Netherlands Labour Authority: rules for children and young people
