Employer Liability for a Workplace Accident (Netherlands)

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If you sustain an injury during your work, you can in most cases hold your employer liable after a workplace accident under Dutch law. The law strictly protects employees in the Netherlands. Have you sustained a personal injury? Then your employer is in fact almost always liable for your personal injury.

This is only different if they prove that they fulfilled their duty of care. Liability also lapses in the event of your own intent or deliberate recklessness. Have you sustained an injury? Our firm will quickly and completely take over the legal process for you. This allows you to focus peacefully on your recovery. Meanwhile, we will claim your compensation from your employer’s insurer.

Do you want to know immediately where you stand after a personal injury workplace accident? Take the free Quickscan. Within 5 minutes you will know if you have a case. You will immediately receive an indication of your compensation. You can also contact us via our contact form. This is completely free of charge and without obligation for you.

In the event of acknowledged liability, the opposing party’s insurer pays our costs under the Dutch Civil Code (BW) (art. 6:96 BW). Your case will be handled personally by Mr. Patrick Nobel. Do not wait too long. This ensures that important evidence surrounding the accident can be secured in time.

When is your employer liable for a workplace accident?

Your employer is liable when you sustain damage during your work. Primarily, the condition is that the employer has fallen short in their duty of care. This means they must provide safe machines and clear instructions. Consider the prevention of common workplace accidents, such as a fall from a height from an unsafe scaffold or serious machine accidents where the correct safety guards are missing.

They must also protect you against hazardous substances, for example. In addition, they must ensure sufficient supervision on the shop floor.

In the case of a liable workplace accident, the burden of proof lies largely with the employer. As a victim, you only need to demonstrate that you sustained an injury during working hours. It is then up to the employer to prove that the workplace was safe.

What is employer liability?

Employer liability is the legal duty of an employer. They must compensate the damage that an employee sustains during work. This is established in the Burgerlijk Wetboek (Dutch Civil Code).

Even as a temporary agency worker, you fall under this protection in most cases. The basic principle is that the employer has the direction and control. Therefore, they bear the risk for accidents in the workplace.

What does the law say about holding an employer liable?

The legislator has strongly anchored the position of the employee. When holding an employer liable after a workplace accident, these articles are crucial:

• Duty of care and liability: Based on art. 7:658 BW, the employer must set up the workplace safely. Do they fall short in this? Then they are liable for the personal injury.
• Good employment practices: art. 7:611 BW states that parties must behave as a good employer and employee. This often acts as a safety net, for example for insurance obligations in traffic.
• Mistakes by colleagues: According to art. 6:170 BW, the employer is also liable for damage caused by a colleague’s mistake.

What did the legislator intend?

During the creation of the legislation, the legislator wanted to clearly position the responsibility. In the Explanatory Memorandum to the Working Conditions Act, the minister looks back at the old Safety Act 1934. He describes the approach at that time as follows:

“- the employee is seen as an object to be protected;

• the care for safety and health within a company lies entirely with the employer and is not seen in the light of a general joint task of employer and employees to establish and maintain a responsible working climate;”

The legislator intended a shift. Safety and health had to contribute to the well-being of the working person. (Source: Kamerstukken II 1976-1977, 14497, nr. 3, p. 1-2).

Workplace accident and liability: what does the judge say?

Case law has further tightened the rules regarding holding the employer liable. Below you will find the most important judgments of the Hoge Raad (Dutch Supreme Court):

• Hoge Raad 20 September 1996 (ECLI:NL:HR:1996:ZC2142): The employer must compensate damage, unless there is intent or deliberate recklessness. A simple moment of inattention therefore does not stand in the way of compensation.
• Hoge Raad 7 December 2007 (ECLI:NL:HR:2007:BB5625): The employer had fulfilled their duty of care in this specific situation by making another, sound staircase available; extra measures or supervision of its use were not required here.
• Hoge Raad 12 December 2008 (ECLI:NL:HR:2008:BD3129): The employer is obliged to ensure proper insurance for employees in traffic (art. 7:611 BW).
• Hoge Raad 10 June 2011 (ECLI:NL:HR:2011:BP8788): This judgment clarifies the burden of proof. The employer must prove that they fulfilled their duty of care.
• Hoge Raad 22 November 2019 (ECLI:NL:HR:2019:1831): The Hoge Raad reaffirmed the strict duty of care when using work equipment such as a forklift.

What personal injury compensation do you receive for an injury?

If we hold your employer liable, we will map out your full workplace accident compensation. Especially with permanent or severe sustained injuries, the costs for a victim often run high. There is often much more to claim than just loss of income for a personal injury compensation. Consider, for example, whiplash compensation after a collision during working hours.

Many victims only claim the direct medical costs. Our personal injury lawyers map out all items accurately.

Do you want to know which items of damage you are entitled to? Take the free Quickscan or contact us. We handle your case personally.

The role of the insurer in workplace accidents

Many employees fear for their employment relationship after an accident. In practice, almost all employers are insured via corporate liability insurance (AVB).

We send the notice of liability to your employer. They forward it directly to their insurer. From that moment on, we negotiate directly with the lawyers of the insurance company.

Your employer is hardly financially involved in this any further. This keeps the employment relationship good.

How can you hold the employer liable?

The process proceeds via a number of fixed steps. Our firm takes this completely out of your hands:

1. Inventory and collecting evidence: We discuss the accident and collect evidence, such as witness statements. 2. Drafting the notice of liability: We draft a formal, legally sound letter. 3. Calculating damage: We map out all your current and future items of damage. 4. Negotiating with the insurer: We conduct the discussion about the amount of compensation. 5. Final settlement: Only when a final medical situation is reached do we settle the case definitively.

Why a personal injury lawyer makes the difference

Your employer’s insurer employs experienced lawyers. They try to keep the compensation low. You deserve the same expertise. Therefore, always request legal help in time.

By engaging our firm, you ensure equality of arms. We know the law and all items of damage. Moreover, our assistance costs you nothing. The liable party must reimburse our lawyer fees. Your case will be handled personally by Mr. Patrick Nobel, a specialized LSA lawyer.

Frequently asked questions about personal injury after an accident at work

Am I obliged to involve the Labour Inspectorate?

In the event of a serious workplace accident, the employer is legally obliged to report this immediately. If they fail to do so, they are in violation. As an employee, you do not have to do this yourself. The report is, however, crucial evidence for your case.

What about the personal injury costs for legal assistance?

For you as a victim, our legal assistance is free of charge. It is established in article 6:96 paragraph 2 BW that these costs are part of your damage. The employer’s insurer pays our invoices.

What if the accident was partly my own fault?

Even if you made a mistake, the employer is often fully liable. The law protects employees against their own inattention. Liability only lapses in the event of ‘intent or deliberate recklessness’.

Can I be fired if I claim compensation?

No, you may not be fired purely for this reason. The claim almost always runs through the insurer. The financial impact for the company is generally low. We always communicate respectfully to protect your employment relationship.

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