- In the event of a workplace accident as a temporary worker, you can hold both the temp agency and the hirer liable.
- The duty of care of employers is established in article 7:658 paragraph 4 BW, with specific rules for temporary workers.
- Damage items include medical expenses, loss of income, household help, pain and suffering compensation, and more.
- Liability is often divided between the temp agency and the hirer, depending on the situation.
- After an accident, it is crucial to report it, seek medical help, gather evidence, and engage a personal injury lawyer.
- Arslan & Arslan Lawyers offers specialized and free legal assistance with workplace accidents for temporary workers.
Introduction: the workplace accident as a temporary worker in perspective
A workplace accident temporary worker is often a complex legal situation requiring clarity about liability and claiming damages. Temporary workers hold a special position within labor law because they are officially employed by the temp agency but perform their daily tasks at a third party, the hirer. This raises the question: who is liable in a workplace accident, the temp agency or the hirer? In this article, we explain the legal frameworks, discuss the differences in liability, provide practical examples, and guide you step-by-step through the process of filing a damage claim after a workplace accident.
Legal basis: liability according to article 7:658 paragraph 4 BW
Dutch law holds employers responsible for a safe working environment. Article 7:658 of the Dutch Civil Code (Burgerlijk Wetboek, BW) regulates this duty of care. For temporary workers, there is a specific provision in paragraph 4 of this article:
“The hirer of an employee who is made available under a temporary employment contract is liable to that employee for damage suffered as a result of an accident at the workplace, unless the temp agency is liable.”
This means that the hirer (the company where you work) is primarily liable for damage caused by a workplace accident. However, the temp agency can also be liable, for example, if it has not fulfilled its duty of care, such as providing sufficient instructions or selecting a safe workplace. This joint liability makes it complex for temporary workers to assert their rights.
Differences in liability between temp agency and hirer
The duty of care and liability are divided between two parties:
- The hirer: Has actual control over working conditions. This company must provide a safe workplace, adequate instructions, and supervise compliance with safety regulations. If the workplace is unsafe or there is negligence in providing protective equipment, the hirer is usually liable.
- The temp agency: Has a duty of care to ensure a safe match. This means the agency must verify that the temporary worker is suitable for the job, provide sufficient instruction, and intervene in unsafe situations. The temp agency can be liable if it neglects its responsibility, for example, by insufficient information or sending someone without the proper experience.
The law thus recognizes shared liability, whereby in practice it is often examined who failed in the duty of care. In case of doubt, it is advisable to consult a specialized personal injury lawyer who can understand this complex distribution of liability.
Practical examples of workplace accidents involving temporary workers
To better understand liability, we discuss several examples from sectors where temporary workers often operate:
- Construction sector: A temporary worker falls from scaffolding because the hirer did not provide a solid scaffold structure or fall protection. The hirer is liable, but if the temp agency provided no instruction on safe working at heights, the agency can also be liable.
- Logistics: During loading goods, a temporary worker gets trapped between forklifts. If the hirer set insufficient safety rules, they are liable. If the temp agency did not warn the temporary worker about working with dangerous machinery, the agency may also be liable.
- Production: A temporary worker injures their hand while operating a machine without protective cover. The hirer must ensure safe machines and provide instructions. If missing, the hirer is liable. The temp agency can also be liable if it did not verify whether the temporary worker had enough experience.
The psychological impact of a workplace accident as a temporary worker
Besides physical consequences, a workplace accident as a temporary worker can also have severe psychological effects. Temporary workers often experience additional stress due to uncertainty about their jobs after an accident. Fear of dismissal, loss of income, and lack of a permanent contract increase mental pressure. This can lead to:
- Stress and anxiety
- Depressive feelings
- Sleep problems
- Post-Traumatic Stress Disorder (PTSD) after a serious accident
This psychological damage can also be claimed as damages and sometimes entitles pain and suffering compensation. Therefore, it is essential to document and claim these aspects.
Detailed explanation of damage items in a workplace accident for a temporary worker
After a workplace accident, you can claim various damage items. These are divided into material and immaterial damages:
1. Medical costs
This includes all costs directly related to the accident, such as:
- General practitioner visits, specialist treatments, hospital admissions
- Operations and rehabilitation
- Medication and aids (e.g., crutches, braces)
- Physiotherapy and psychological support
- Deductibles and other healthcare costs
2. Loss of income
Temporary workers often receive 70% of their wages from the employer during illness. The difference between full wages and this 70% can be claimed as damages. Additionally, if you become fully or partially incapacitated due to the accident, future loss of income can also be compensated.
3. Household help and care
If you are unable to take care of household tasks or informal care due to injury, you can claim the costs of assistance. For example:
- Hiring household help
- Help with shopping and meal provision
- Costs for personal care
4. Travel expenses
Travel expenses to therapists, doctors, and hospitals can also be reimbursed.
5. Pain and suffering compensation
Pain and suffering compensation is reimbursement for immaterial damages such as pain, grief, fear, and loss of enjoyment of life. In workplace accidents, amounts usually range between €5,000 and €50,000, depending on injury severity and impact on daily life. For example:
- A temporary worker who becomes permanently disabled after a fall may be entitled to €25,000 to €40,000 in compensation.
- For temporary, less severe injuries, the amount typically ranges from €5,000 to €10,000.
The step-by-step plan after a workplace accident as a temporary worker
After an accident, it is important to proceed in an organized way. Follow these steps to secure your rights and maximize your damage claim:
Step 1: Report the accident immediately
Report the accident as soon as possible to your supervisor or contact person at the temp agency. Ensure a written accident report is made. This is crucial evidence for your personal injury claim.
Step 2: Seek medical help
Go immediately to the general practitioner or hospital, even if you think the injury is minor. Medical documentation is indispensable for the legal procedure.
Step 3: Gather evidence
Take photos of the accident site, any defects or unsafe situations. Note names and contact details of witnesses who saw the accident.
Step 4: Check if the accident has been reported to the Dutch Labor Inspectorate (Inspectie SZW)
Employers must report serious accidents to the Inspectie SZW. Verify if this has been done, as it may be relevant for the liability question. More information is available on our page reporting a workplace accident to Inspectie SZW.
Step 5: Engage a personal injury lawyer
Engaging legal assistance as soon as possible increases the chance of full compensation. Our lawyers at Arslan & Arslan guide you from start to finish. Read more about our services on personal injury.
Step 6: Submit a damage claim
Your lawyer will prepare a detailed damage claim including all damage items. The employer’s insurer will assess this claim and make an offer. If necessary, we will litigate to secure your rights.
Why Arslan & Arslan Lawyers is your best choice
Arslan & Arslan Lawyers has extensive experience with workplace accident temporary worker cases, including in Rotterdam, Amsterdam, and The Hague. Our expertise covers various sectors, including construction, logistics, and production. We:
- Understand the complex liability division between temp agency and hirer
- Handle your case carefully with attention to both physical and psychological damages
- Gather and analyze evidence for a strong claim
- Fight for a fair compensation including pain and suffering
- Provide free legal assistance thanks to coverage by the insurer (article 6:96 BW)
Would you like to know how we can help you? Read more about personal injury in your region: personal injury Rotterdam, personal injury Amsterdam or personal injury The Hague.
Frequently asked questions about workplace accidents involving temporary workers
1. Who is liable in a workplace accident as a temporary worker?
The hirer is primarily liable, but the temp agency can also be liable if it fails to fulfill its duty of care. Liability is often shared depending on the circumstances.
2. Can I receive pain and suffering compensation as a temporary worker?
Yes, pain and suffering compensation is meant to compensate immaterial damage such as pain and suffering. The amount depends on the severity of the injury and the impact on your life. For examples see our page pain and suffering in workplace accidents.
3. How long does it take to claim damages after a workplace accident?
The statutory limitation period is five years from the moment you become aware of the damage. However, it is wise to seek legal advice as soon as possible to secure evidence and act timely.
4. Can the temp agency dismiss me if I file a damage claim?
No, your employer is not allowed to dismiss you because of a damage claim. Moreover, the temp agency is insured for such situations and has no interest in terminating your contract due to a claim.
5. What are the costs of engaging a personal injury lawyer?
If liability is recognized, the costs of legal assistance are paid by the employer’s insurer. You therefore bear no financial risk. Read more about our services on the contact page.
Read also
- Complete guide to workplace accidents and personal injury
- Workplace accident for freelancers and self-employed: compensation
- Disabled after workplace accident? WIA and reintegration
Feel free to contact Arslan & Arslan Lawyers if you have been involved in a workplace accident as a temporary worker. We will assess your case free of charge and help you secure your rights and claim the maximum compensation.