If you are injured at work, your employer is in principle liable under Article 7:658 of the Dutch Civil Code. The employer must prove it met its duty of care; if it cannot, it owes compensation. Only intent or conscious recklessness on your part limits the claim. This reversed burden of proof puts you in a strong position.
For additional general information, see Victim Support Netherlands information for victims.
Temporary agency workers face a significantly higher risk of serious occupational accidents than permanent employees. Recent figures clearly show this and emphasize that employers and temp agencies share responsibility for safety and for compensating harm. In this article, we set out the situation, what your rights are as a victim, and how to file a personal injury claim.
Figures from recent research
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In 2024, inspectors investigated over 3,200 occupational accidents, 52 of which were fatal.
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Especially temporary agency workers are overrepresented in these statistics: they account for a much larger share of the victims than their share of the workforce.
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In 2024, it was found that in 69% of the inspected companies there were shortcomings in working conditions for temporary agency workers.
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Scientific research shows that temporary agency workers relatively more often suffer a experience an accident than employees with a permanent contract, although the causal factors are often complex.
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Many occupational accidents remain under the radar: possibly as many as 50–70 % of reportable accidents are not reported.
These data underscore that the topic is not only relevant, but also urgent for those who work on the basis of temporary or temporary agency contracts.
Why temporary agency workers are extra vulnerable
There are several reasons why temporary agency workers are more often involved in occupational accidents:
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Short contracts & changing workplaces
Because of the temporary and variable nature of clients and locations, the safety instruction may be less consistent or less well known. -
Insufficient induction and supervision
In many cases, proper workplace induction or consistent supervision is missing, especially at host companies. -
Language and communication barriers
Migrant workers or employees with limited knowledge of Dutch may have difficulty understanding safety instructions, which increases risk. -
Lack of personal attachment
As an employee on a temporary contract the attachment is weaker; this can hinder real investments in safety and aftercare. -
High-risk work in certain sectors
Temporary agency workers are more common in sectors such as construction, agriculture, industry and logistics — work areas where hazards are inherently present.
Your rights as a victim of a workplace accident
As a temporary agency worker, you (in many cases) have the same rights as permanent employees when it comes to liability and compensation. Below are the key points:
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Report the accident
Employers are required to report serious accidents immediately to the Labor Inspectorate, for example in cases of hospitalization, permanent injury, or death. -
Liability and personal injury claim
You can hold the persons or entities responsible for the accident — this may be the hirer, the temp agency, or others. You can claim compensation for medical expenses, loss of income, pain and suffering etc. -
Investigation and evidence
Collect evidence: photos of the workplace, statements from colleagues, medical reports. Your legal representative will help submit these. -
Cooperation between parties
The liable party must handle your damages, even if there is a dispute about who exactly is at fault. You do not have to wait for that. -
Compliance with duty of care
Employers (both hirers and temp agencies) have a legal duty to ensure a safe working environment — this includes adequate instruction, supervision, and compliance with safety regulations.
Step-by-step plan: what can you do after a workplace accident?
| Step | Action | Why important |
|---|---|---|
| 1 | Take care of your health and document the accident immediately (photos, witnesses) | Secure evidence before traces disappear |
| 2 | Report the accident to the employer/hirer and – if applicable – the employment agency | Legal reporting obligation and the start of the formal procedure |
| 3 | Request copies of relevant documents, such as work schedules and instructions | These may later be relevant to your claim |
| 4 | Have a medical examination and keep all reports and invoices | Necessary for a damages claim |
| 5 | Contact a specialized personal injury lawyer | You don’t have to fight the insurer yourself |
| 6 | Have your lawyer establish liability and start calculating damages | Ensure that all items of damage are included |
| 7 | Request an advance payment if liability is admitted | Prevents you from having to advance costs yourself |
| 8 | Monitor the progress and send updates to the opposing party | Keep the case focused and up to date |
| 9 | Assist with the final medical assessment or report | Necessary for final settlement |
| 10 | If you agree: completion and final payment | Ensure everything is properly finalized legally |
Why hiring a lawyer is wise
Although you can theoretically handle the process yourself, there are clear advantages to hiring a specialized lawyer:
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Your case will be mapped out professionally and comprehensively (no overlooked items of damage).
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You don’t have to communicate with insurers yourself — the lawyer takes that over.
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The lawyer knows the legal pitfalls and ensures you receive the maximum you are entitled to.
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In most cases, the legal costs free of charge for you — the liable insurer reimburses them.
FAQ: frequently asked questions about temporary agency workers and workplace accidents
1. Why are temporary agency workers more often involved in workplace accidents?
Because they more often do high-risk jobs, have less attachment to the workplace, and more often switch workplaces without an established safety culture.
2. Can I also receive compensation if the temp agency claims that I made a mistake?
Yes, if you can demonstrate that the mistake was partly caused by inadequate instruction, poor supervision, or unsafe conditions.
3. What if the accident was not reported by the employer?
That is a violation of the law — you can still take legal action. Moreover, since 2024 there is a so-called dual reporting obligation for temp agency accidents.
4. How long does a personal injury claim process take after a workplace accident?
That varies greatly, depending on how quickly liability is acknowledged, how complex the medical situation is, and whether there is a dispute about the categories of damages.
5. Should I hire a lawyer right away?
You don’t have to right away, but the sooner, the better. Especially in formal proceedings and for complex claims, legal support is often crucial.
Frequently Asked Questions
Are temporary agency workers entitled to the same rights and compensation as permanent employees if they are injured at work?
Yes, in many cases, temporary agency workers have the same rights as permanent employees when it comes to liability and compensation for workplace injuries. You can hold responsible parties such as the hirer or the temp agency accountable and claim appropriate damages.
What should I do immediately after experiencing a workplace accident as a temporary agency worker?
You should report the accident to your employer as soon as possible and seek medical attention. Reporting the incident is crucial for your rights to claim compensation and for ensuring the injury is officially documented.
Why are temporary agency workers at a higher risk of workplace accidents compared to permanent employees?
Temporary agency workers face higher risks due to factors like short contracts, changing workplaces, insufficient induction, language barriers, and working in high-risk sectors such as construction or logistics. These conditions can lead to less safety training and supervision.
Can I file a personal injury claim if I am injured while working as a temporary agency worker?
Yes, you can file a personal injury claim against the responsible parties, such as the hirer or the temp agency, to seek compensation for your injuries. It is important to gather evidence and report the accident promptly to support your claim.
