A work accident concerns an incident that occurs during or in relation to your work. Often, the employer is responsible for the damage suffered by the employee.
Definition of a work accident
A work accident is an event that:
- Takes place during working hours
- Occurs at the workplace
- Is related to the tasks performed
Sometimes an incident during commuting or a company activity can also be considered a work accident.
Liability of the employer
According to Article 7:658 of the Dutch Civil Code, the employer is liable for damage suffered by an employee during work, unless the employer can prove that:
- He has fully complied with his duty of care, or
- The damage results from intent or gross negligence on the part of the employee
Responsibilities of the employer
The employer is obliged to guarantee a safe working environment:
| Element | Responsibility |
|---|---|
| Physical security | Safe equipment, tools and workplace |
| Training | Instructions on hazards and safety measures |
| Supervision | Supervision of compliance with safety regulations |
| Protective equipment | Providing personal protective equipment |
| Work organization | Reasonable workload and sufficient breaks |
Burden of proof in work accidents
A reversed burden of proof applies in work accidents:
- The employee must prove that he suffered damage during his work
- The employer must prove that he has complied with his duty of care
- This facilitates the process for employees to claim compensation
Steps after a work accident
- Notify the employer of the incident
- Seek medical help if necessary
- Register the accident in the work accidents register
- Take photos of the situation on site
- Collect statements from witnesses
- In case of serious accidents: reporting to the Labour Inspectorate is mandatory
What if I made a mistake myself?
An own fault usually does not release the employer from liability. Only in case of intentional conduct or gross negligence on the part of the employee can the employer be exempted. Normal errors fall under work situations.Can I file a claim against my own employer?
Yes, the employer is responsible. Usually, the employer has liability insurance, and the claim is handled by the insurer, not by the employer itself.What if my employer is bankrupt?
In case of bankruptcy, you can file a claim with the trustee. If there is liability insurance, you can directly file a claim with the insurer.Frequently asked questions
What does a work accident entail?
A work accident is an incident that takes place during or in connection with work. The employer can often be held liable for the damage.
What are the legal criteria for a work accident?
Incidents during commuting or company outings can sometimes also be regarded as work accidents.
What are my rights and obligations?
Article 7:658 of the Dutch Civil Code states that employers are liable for damage during work, unless they prove that they have complied with their duty of care.
What if rules are not complied with?
Employers must provide a safe workplace and comply with safety standards.
What are common mistakes?
The reversed burden of proof applies: the employer must demonstrate that he has fulfilled his obligations.
When to seek legal help?
It is advisable to seek legal advice in case of uncertainties about rights, conflicts with the employer or if the handling does not seem correct. Early advice can prevent problems.
Summary
Work accidents are an essential part of labour law in the Netherlands. Both employers and employees have clear obligations and rights. Non-compliance can have legal consequences.
Key points
- Work accidents are regulated in the Dutch Civil Code
- Rights and obligations apply to both employer and employee
- Non-compliance can lead to legal action
- In case of uncertainty, legal support is recommended
- Preventive measures and clear agreements prevent issues
For legal assistance in Westland, you can contact the Juridisch Loket Westland. In case of disputes, the District Court of The Hague (district) may be involved.