Not having a signed employment contract does not mean you have no rights after a workplace accident. An employment contract can also be concluded orally. Moreover, the protection against unsafe work may, under certain conditions, extend to someone who is not an employee. What counts are the actual arrangements, the work performed and your relationship with the party you worked for.
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It is precisely when clear paperwork is missing that disputes tend to arise: were you working for the company that day, who gave the instructions and what income did you lose? Below you can read which evidence helps, which parties may be involved and what you can do if the principal says you are not entitled to anything. For the general framework, please see our page on workplace accidents and employer liability.
Arslan Advocaten. Updated: 20 September 2026.
No written contract, no employment contract or no registration?
These situations are often confused. You can have a valid employment relationship even though you never signed a contract. You can also work as a self-employed person, intern or volunteer without an employment contract. And there may be problems with the payroll administration, tax payments or a work permit. These are different questions, each of which must be examined separately.
An employment contract revolves, among other things, around work, wages and working in the service of another. The label the parties give to their arrangement does not in itself determine how the relationship is classified in law. An invoice, cash payment or the statement “you are a freelancer” therefore does not always give the full answer. How the work was actually carried out also counts.
Write down who set your working hours, who checked how you worked, which tools you used and how you were paid. Also note whether you could refuse assignments, send a replacement or make your own arrangements with customers. It is the combination of circumstances that matters. A single feature does not automatically prove that you were an employee or self-employed.
What protection can Article 7:658 of the Dutch Civil Code offer?
For employees, Article 7:658 of the Dutch Civil Code (BW) imposes a duty of care on the employer. The employer must take the measures and give the instructions that are reasonably necessary to prevent harm during work. Think of safe work equipment, appropriate instructions and supervision. In principle, the employee must assert and, if necessary, prove that the damage was suffered while performing the work. After that, the duty of care and the statutory defences become relevant.
An employer therefore cannot simply argue that there is no signature on a contract. Even without a signature, however, it must become clear who you worked for and how the damage is connected with the work. If the company denies that you worked there, evidence of the working relationship is a first important part of the case file.
Article 7:658(4) of the Dutch Civil Code may also offer protection to someone who, without an employment contract, performs work in the course of another person’s profession or business. Relevant factors include whether that person depended in part on the party he worked for with regard to his safety and whether the work formed part of that party’s business operations. Not every assignment, favour for a friend or volunteer activity automatically falls within this provision.
What if you were paid in cash or off the payroll?
Cash payment does not by itself remove possible claims for personal injury. It can, however, make it harder to prove the working arrangements and the amount of your income. There may also be tax or other legal consequences. Give an honest and complete picture of the payments. Do not create payslips or statements after the event that do not reflect reality.
A diary of days worked, messages about the hourly rate, bank deposits and statements from people who were present when payments were made can help. Keep the original messages with the date and sender. Loose screenshots without context are sometimes less useful than a complete conversation. Note which amounts were wages and which amounts were, for example, reimbursement of expenses.
When assessing the damage, not every amount received in cash automatically counts as net loss. It must be examined what income you could reasonably have been expected to earn without the accident, and which costs, taxes and other circumstances apply. A well-substantiated calculation prevents an incorrect picture of your income from putting the entire case under pressure.
Which evidence is important?
- Working arrangements: messages about signing up, working hours, payment, transport, work clothing and assignments.
- Presence: rosters, access records, job sheets, trip data and photos in which the workplace can be recognised.
- Authority and instructions: names of supervisors, division of tasks, instruction videos and arrangements about supervision.
- The accident: an early report, photos of the situation, medical notes and contact details of witnesses.
- Income: payslips if there are any, payment arrangements, bank details, timesheets and previous earnings.
- Damage: proof of costs, limitations in daily activities and recorded help from others.
Ask in good time for camera footage and other data that may be overwritten to be preserved. Do not enter closed-off premises and do not use any account you are not authorised to access. Evidence must be gathered safely and lawfully. If there is no eyewitness, a claim is not automatically impossible. See also evidence after a workplace accident without witnesses.
Whom should you hold liable if several companies are involved?
On a construction site, in a greenhouse or in a warehouse, someone may work through a contact person, an employment agency and a company that directs the day-to-day work. Try to record the full name and role of each party. A trade name on a van is not always the name of the legal employer.
The contractual employer and the company where you actually worked may be involved on different legal grounds. Whether they are liable must be assessed for each party separately. A company is not responsible for every accident merely because it is present at the same location. The precise work, the influence on safety and the arrangements between the parties may also be relevant.
Report the accident to the parties involved in your work and keep their responses. Have a formal notice of liability sent to the correct legal entity or persons. If you worked through an agency, also read liability for a workplace accident as an agency worker.
A first working day or an unpaid trial day
The absence of a signed contract is common when someone has only just started. On a first working day in particular, the registration, the person who received you and the tasks you performed are important. Keep messages such as “come on Monday at seven o’clock” and note which tasks you were subsequently told to do.
With a so-called trial day, too, the actual situation must be examined. Were you merely observing, taking part in a selection activity or actually doing productive work under instruction? Was a wage agreed, or could you reasonably assume one would be paid? The outcome may affect both your wage rights and the legal basis of a personal injury claim. The mere label “trial day” does not decide this.
Illustrative example: at the request of a foreman, someone comes in for a day to move pallets and is injured by defective equipment. The company claims he had only come to get acquainted. Messages about the time, the assignment and the payment, together with statements from people who were present, can help establish what was actually agreed. This example does not imply any predetermined outcome.
Migrant workers and employees who speak little Dutch
At a first meeting, tell us in which language you received explanations and which documents you were given. A document in a language you do not understand deserves separate assessment. A signature does not in itself prove that every safety instruction was understandable and adequate. You can read more about this in safety instructions and language after a workplace accident.
Residence rights, access to work, wages and compensation are separate matters. A general web text cannot guarantee that proceedings will have no consequences for your other legal positions. If you are concerned about your residence status or work permit, mention this in confidence at the intake, so that the relevant legal questions can be assessed together.
If your housing also depends on your job, keep the tenancy agreement and any messages about having to leave. A liability claim does not automatically solve an urgent housing problem. For that, also see housing after a workplace accident as an agency worker.
Do not confuse wages, benefits and personal injury
Whether you can claim wages during sickness depends, among other things, on the working relationship and the applicable rules. That question differs from whether an employer or principal is liable for the accident. A possible benefit also has its own conditions. Do not assume that a single rejection automatically means that all routes are closed.
In personal injury cases, the damage may include unreimbursed medical costs, loss of income, necessary assistance and compensation for pain and suffering (smartengeld). The damage must be connected with the accident and must be substantiated. Amounts from other cases are not a tariff for your situation. In the case of permanent incapacity, the medical prognosis, your capacity to work and your income without the accident are important issues.
What should you do if your claim is rejected?
Ask for written reasons. “You are not on the payroll” is something different from disputing that you worked there, relying on adequate safety measures or a dispute about how the injury arose. An effective response starts with identifying the real point of dispute.
Also have the time limits assessed. For personal injury claims, a limitation period of five years generally applies from the moment you are sufficiently aware of the damage and of the liable person, subject to special and transitional rules. An ordinary sickness report does not automatically constitute a valid interruption of the limitation period. Other proceedings, for example about wages or a benefit decision, may have their own time limits.
Frequently asked questions
Can I get compensation without a signed contract?
That may be possible. An employment contract can exist orally, and Article 7:658(4) of the Dutch Civil Code may, under certain conditions, offer protection outside an employment relationship. The working relationship, the accident and the damage must be examined.
Does cash payment prove that I am not an employee?
No. The method of payment does not by itself determine which working relationship exists. The actual arrangements and how they were carried out are important. Cash income must, however, be substantiated honestly and carefully.
What if the company denies that I worked there?
Keep messages, rosters, payment arrangements, attendance data and contact details of people who know about your work. Have it assessed how the working relationship can be proven before you discuss only the amount of the damage.
Should I first get a contract signed?
An existing right does not necessarily depend on a signature added afterwards. Record the facts and arrangements accurately and do not sign any document that contains an incorrect description or a waiver of rights.
Will the other party pay for my lawyer?
If liability is established, reasonable extrajudicial costs may be recovered under statutory conditions. That is no guarantee that every cost item or set of proceedings will be free of charge. Discuss the costs and any cover in advance.
Have your situation assessed
Gather what you do have; an incomplete file need not be a reason to delay getting in touch. Contact Arslan Advocaten and tell us where, when and for whom you worked, what happened and what response you have received. Let us know in which language you would like to communicate.
Sources
- Dutch central government (Rijksoverheid): written and oral employment contracts
- Dutch Civil Code, Book 7, Articles 610 and 658
- Supreme Court of the Netherlands, 15 December 2017, protection outside an employment contract
- Dutch Personal Injury Council (De Letselschade Raad): costs
