If you are injured while working through an employment agency in the Netherlands, both the agency and the company where you actually work need to be considered. They may have different legal duties. Being able to approach both does not mean that both are automatically liable in every case.
This guide explains Dutch law for temporary agency workers, including expats and migrant workers. Your injury claim, sick pay, benefits and accommodation can involve separate legal questions. Losing a placement or returning to your home country does not by itself end a claim arising from the accident. For the general framework, see workplace accidents and employer liability in the Netherlands.
Arslan Advocaten. Updated: 20 September 2026.
What should you do after the accident?
- Obtain medical attention appropriate to your condition and explain accurately how the injury occurred.
- Report the incident to the agency and the supervisor at the workplace; request written confirmation.
- Record the date, time, location, task and names of the companies involved.
- Preserve photographs, messages, shift records and witness contact details.
- Ask promptly for relevant CCTV and other records to be preserved before they are overwritten.
- Keep receipts, wage information and a record of assistance you need.
- Have any statement or final settlement explained before signing it.
You do not need a perfectly complete file before seeking an assessment. Explain what is missing and who may hold it. Do not put yourself at risk to photograph a machine or access systems you are not authorised to use. A reliable record of what you know is more useful than filling gaps with assumptions.
The agency and the company where you work
The employment agency, or uitzendbureau, may be your contractual employer. The company using your services, or inlener, usually controls important aspects of the daily work. Establish the full legal names of both. A trading name on a uniform or vehicle may differ from the legal entity that employed you.
Article 7:658 of the Dutch Civil Code concerns the duty to take reasonably necessary measures and give instructions to protect people against harm in the course of their work. The first two paragraphs are important for the contractual employer. Paragraph 4 can extend protection to people who work in another party’s business without an employment contract with that party.
This is not a rule that the hirer is liable only unless the agency is liable, or that one is always the primary responsible party. Each party’s duties and defences require assessment. Questions include who provided the equipment, allocated the task, delivered training, controlled the pace of work and supervised safety.
Generally, the worker must establish that they suffered damage in the course of their work. The applicable rules on the duty of care and the employer’s defences then matter. That does not mean the worker must independently prove every technical detail, but it does not remove the importance of evidence either.
What makes a workplace unsafe?
The required precautions depend on the job and the actual risk. In a warehouse, vehicle routes and pedestrian access may be important. On a production line, guards, maintenance and procedures for clearing a blockage may matter. For work at height, the equipment, work method, training and supervision can all be relevant.
A safety document or certificate is not a complete answer by itself. It is necessary to understand what happened in practice. Did the equipment work properly? Were temporary workers assigned unfamiliar tasks? Was a safer procedure available and actually enforced? Did supervisors tolerate a different method to keep production moving?
Illustrative example: a worker hired for packing is asked to clear a stopped machine. The investigation should consider training for that task, who was permitted to intervene, how hazardous movement was prevented and how the machine could restart. The example is not a prediction about liability in a particular claim.
Instructions in a language you understand
Tell your adviser which language was used for instructions and what was demonstrated. Safety information needs to be understandable and effective for the work involved. This does not mean that a written translation into every worker’s native language is the only acceptable method in every situation. Language, experience, literacy, practical training and the seriousness of the risk all matter.
A signature on an induction form does not automatically establish that every necessary instruction was understood. Conversely, an unsigned form does not prove that no useful instruction was given. Record what you were told, by whom, and whether you could ask questions or demonstrate the task safely.
If your duties changed after you started, preserve messages or work schedules showing the change. Being experienced at one task does not automatically mean you were trained for another machine or process.
Does making a mistake end your claim?
Ordinary carelessness is different from deliberate misconduct or conscious recklessness under Article 7:658. The legal threshold for conscious recklessness is high. Breaching an instruction or saying afterwards that you should have paid more attention does not automatically decide the case.
The circumstances immediately before the accident and the role of the conduct in causing the injury must be considered. The employer may also argue that it complied with its duty of care, which is a different defence. Ask for a written explanation of a rejection so that the actual dispute can be addressed.
Give an honest account, including facts you think may be unfavourable. Do not alter original messages or coordinate witness accounts. If an earlier statement was mistranslated or incomplete, explain precisely what needs correcting.
Does reporting sick automatically end an agency contract?
Under the current ABU/NBBU collective agreement, sickness alone does not automatically end the contract through an agency clause. The presence of an uitzendbeding should not be treated as meaning that the employment relationship ends the moment you report sick. Article 18 of the ABU 2026–2028 collective agreement contains protection on this point; the NBBU arrangement contains the corresponding protection.
A fixed-term contract can nevertheless reach its agreed end date during sickness. The applicable collective agreement, contract terms and stated reason for termination must be checked. Not receiving another shift is not necessarily the same as a legally effective termination.
Request the alleged end date and legal reason in writing. Do not sign a resignation or mutual termination agreement without understanding its effects on pay, benefits and other rights. An injury claim is a separate issue and does not guarantee that every temporary placement continues indefinitely.
Sick pay, Ziektewet and WIA
While an employment contract continues, Dutch sick-pay rules may apply. The general rule in Article 7:629 is payment of at least 70% for up to 104 weeks where the conditions are met. Statutory limits and exceptions apply, and the minimum-wage floor in the first year and any more favourable collective agreement need checking.
If the contract legally ends while you are ill, a Ziektewet benefit may be relevant, subject to its conditions. In longer-term cases, WIA concerns remaining earning capacity and other statutory requirements. Receiving or being refused a benefit does not automatically determine civil liability for the accident.
Compensation for lost earnings requires a comparison between the income you would probably have earned without the accident and the income and relevant benefits actually received. The difference is not automatically a fixed 30%. Working hours, allowances, contract history, tax treatment and future earning prospects may need investigation.
What losses may be assessed?
- Reasonable accident-related treatment and travel expenses not otherwise reimbursed.
- Past and future loss of earnings and, where relevant, pension consequences.
- Necessary household assistance, personal care and other support.
- Appropriate aids or adaptations required because of the injury.
- Compensation for non-financial harm, known as smartengeld.
- Reasonable legal and investigation costs where the statutory requirements are met.
There is no reliable fixed price list for an injury. Pain-and-suffering compensation depends on the nature and duration of the effects and the individual circumstances. Figures awarded in other cases are comparisons, not promises. Financial losses are assessed separately.
Keep a dated record of costs and help received, including necessary unpaid help from relatives. Not every claimed expense is automatically recoverable; causation, necessity and reasonableness still matter. Physical and psychological consequences should be properly documented and assessed rather than assumed from the fact that an accident occurred.
Accommodation linked to the agency
If the agency also arranges your housing, preserve the tenancy or accommodation agreement, wage deductions and any notice to leave. Employment, housing and compensation involve different legal relationships. A message stating that you must leave immediately should be assessed against the actual agreements and applicable rules.
An injury claim will not necessarily resolve urgent housing needs in time. Explain the urgency at the first appointment and keep the housing documents separate from the accident evidence. A suitable local support or reporting service may also need to be considered.
Returning to your home country
Returning abroad does not by itself extinguish a Dutch injury claim. However, communication, medical examinations, treatment records and evidence of earnings need planning. Agree how you will remain reachable and how documents will be provided. Inform the person handling your case if your telephone number or address changes.
Do not assume that every overseas expense will be reimbursed or that Dutch benefits continue without conditions. Ask the relevant benefit provider about your circumstances before relying on continued payment. Immigration, employment and social-security questions may need separate assessment.
Legal costs and a first assessment
Arslan Advocaten offers an initial assessment without charge. Where liability is established, reasonable out-of-court legal costs may be recoverable under Dutch law, including Article 6:96 BW. This is not a guarantee that every expense, expert report or court procedure is free.
Discuss the fee arrangement, insurance cover and any financial risk before further work is undertaken. Do not assume that every agency is adequately insured. Lack of insurance can affect recovery, while not necessarily removing the underlying liability.
Frequently asked questions
Should I contact the agency or the company where I worked?
Report the accident to both and preserve the responses. Their duties and possible liability should be assessed separately. Both are not automatically liable in every case.
Can I bring a claim if there were no witnesses?
Possibly. Medical records, early reporting, photographs, shift records, messages and CCTV may help. Each item needs to be assessed for what it actually proves.
Does the agency clause end my job when I report sick?
Under the current ABU/NBBU collective agreement, sickness alone does not automatically end the contract through that clause. An agreed fixed end date or another termination issue must be assessed separately.
When must an accident be reported to the Labour Inspectorate?
The employer must immediately report an accident resulting in death, hospital admission or permanent injury, including when a qualifying consequence becomes clear later. Reporting and civil compensation are separate matters.
How long do I have to claim?
For personal injury, a five-year period after sufficient awareness of both the damage and the liable person is generally relevant, with particular and transitional rules. Have limitation and any required interruption assessed promptly.
Is pursuing a claim completely free of financial risk?
No universal guarantee can be given. The initial assessment is free, but later costs depend on liability, reasonableness, cover and the work required. The arrangements should be explained in advance.
Speak with Arslan Advocaten
Contact Arslan Advocaten with your contract, first accident report and any rejection letter. State your preferred language and any urgent income or housing issue. Our offices are in Rotterdam, Amsterdam, The Hague, Utrecht, Tilburg and Eindhoven.
Sources
- Dutch Civil Code, Book 7: Articles 629 and 658
- ABU collective agreement 2026–2028, including Article 18
- Dutch government: sick pay
- Netherlands Labour Authority: workplace accidents
- Supreme Court: conscious recklessness
- De Letselschade Raad: legal costs
