As a self-employed person without employees (ZZP'er) in Westland, you have no employer who is responsible in the event of an accident. However, there are options to claim your damages, depending on the circumstances.
Position of a ZZP'er
As a ZZP'er, you do not fall under the standard protection of Article 7:658 of the Dutch Civil Code (BW), as employees do. This means:
- No automatic burden of proof distribution
- No direct liability of the principal
- More responsibility for your own safety
Possible Liability of the Principal
According to Article 7:658 paragraph 4 BW, a ZZP'er may in some cases still enjoy protection:
- If your work resembles that of an employee
- If the accident occurs within the principal's work environment
- In that case, the principal can be held liable
In Which Situations Can a ZZP'er Claim Damages?
| Circumstance | Liable Party |
|---|---|
| Accident due to unsafe working conditions at principal | Principal (art. 7:658 para. 4 BW) |
| Accident caused by a third party | That third party (tort) |
| Traffic accident during work | The party causing the accident |
| ZZP'er's own fault | Own insurance or reserves |
Importance of Insurance for ZZP'ers
It is crucial for ZZP'ers in Westland to be properly insured:
- AOV: Disability insurance for loss of income
- Accident insurance: Financial support in case of disability or death
- AVB: Professional liability insurance for damage to others
Burden of Proof in Personal Injury
As a ZZP'er, you must prove yourself:
- That the principal was negligent in its duty of care
- That this negligence led to your accident
- What damage you have suffered as a result
Do I as a ZZP'er fall under employer liability?
This may be the case, provided you regularly work for one principal, operate within their business, and perform comparable work to employees. Article 7:658 paragraph 4 BW may then apply.What if I have no insurance?
In case of own fault or a single-vehicle accident, you are dependent on your own resources or social assistance. An AOV is therefore strongly recommended for ZZP'ers in Westland.Can I as a ZZP'er claim occupational disease?
Generally not from a principal, unless your situation is comparable to that of an employee. Otherwise, you are dependent on your own insurance.Frequently Asked Questions about Personal Injury in Westland
What does this article cover?
This article is about personal injury claims for ZZP'ers. Read the content carefully for specific information about your case.
How do I apply this information to my situation?
The content provides a general guideline, but every case is different. Contact a legal advisor in Westland for tailored advice.
Where can I find more help?
Consult other articles on this platform or contact the Juridisch Loket Westland for professional advice.
How can I get help?
Contact a lawyer or the Juridisch Loket Westland. Many organizations offer a free initial consultation.
What are my rights in case of injury?
If someone is liable, you are entitled to compensation for medical costs, loss of income, and immaterial damage. Quick action strengthens your case.
Summary
This article provides insight into personal injury for ZZP'ers. For personal advice, consult a lawyer or the Juridisch Loket Westland.
Key Points
- Every personal injury case is different
- Legal assistance is often necessary
- Quick action is crucial
- Good documentation strengthens your claim
- Organizations in Westland offer support
- Protect your rights as a ZZP'er