As a temporary worker in Westland, you are employed by an employment agency, but you work for an end-user. In the event of a work accident, both parties can be held responsible.
The triangular relationship in temporary employment
In temporary employment in Westland, three parties are involved:
- Employment agency: Your official employer with whom you have an employment contract
- End-user: The organisation where you actually perform your work
- Temporary worker: You as the employee
Who bears the liability?
Both the employment agency and the end-user can be liable pursuant to Article 7:658 of the Dutch Civil Code:
| Party involved | Responsibility |
|---|---|
| End-user | Primarily responsible for a safe working environment |
| Employment agency | Responsible for the selection of the end-user and monitoring safety |
Obligations of the end-user
The end-user in Westland must provide temporary workers with the same care as permanent employees:
- A safe workplace and suitable tools
- Clarity on work instructions and safety risks
- Monitoring compliance with safety rules
- Providing protective equipment
Responsibilities of the employment agency
The employment agency also has duties:
- Verify whether the end-user complies with safety standards
- Inform you of potential hazards at the workplace
- Take action if working conditions prove unsafe
Claiming damages after an incident
In the event of an accident, you can hold both the end-user and the employment agency liable. They bear joint responsibility:
- You may choose for yourself whom to file a claim against
- Often the end-user is addressed, as the incident occurred there
- The parties settle among themselves who bears which part of the costs
Should I file my claim with the employment agency or the end-user?
You have the choice to file a claim with both parties. Usually, the end-user is addressed, as the accident occurred there and evidence is available. The employment agency can be involved as an additional party.What if I did not receive safety instructions at the start?
Especially for new temporary workers in Westland, adequate instruction is crucial. Failure to provide instructions constitutes a breach of the duty of care.Can my legal expenses insurance help?
Yes, if you have legal expenses insurance, they can provide legal assistance or cover costs. Contact your insurer for more information.Frequently asked questions about personal injury in Westland
What does this article cover exactly?
This article concerns personal injury claims for temporary workers. Read the content carefully for specific details about your situation.
How can I use this information for my case?
The content provides general guidelines, but each case differs. Contact a legal expert in Westland for tailored advice.
Where can I find more help or information?
Additional articles are available on this platform. You can also consult the Juridisch Loket Westland or a lawyer for professional support.
How can I seek help?
Contact a legal advisor or the Juridisch Loket Westland. Many organisations offer a free initial consultation.
What are my rights in case of injury?
As a victim, you are entitled to compensation in the event of liability, such as reimbursement of medical expenses, lost income and non-material damage. Prompt action strengthens your claim.
Summary
This article provides insight into personal injury for temporary workers in Westland. For advice specific to your situation, consult a legal expert.
Key points
- Every personal injury situation is different
- Legal guidance is recommended
- Prompt action can strengthen your case
- Good documentation is essential
- Various organisations offer help in Westland
- Your rights must be protected