In short:

• Employers must take all possible measures to prevent workplace accidents.
• If liable, the employer must compensate the personal injury damages of the employee.
• Traffic accidents during working hours can also lead to employer liability.
• Temporary agency workers can hold both the employment agency and the hirer liable.
• Self-employed persons (ZZP’ers) can also claim compensation in certain cases.

What is a workplace accident?

A workplace accident is an incident that occurs during work or working hours and often results in physical injury. This can range from a fall at the workplace to an accident involving hazardous machinery, or even a traffic accident while you are traveling to a client on behalf of your employer. Workplace accidents occur in all kinds of sectors, from construction and industry to office environments and among professionals on the road.

Examples of workplace accidents:

• A warehouse worker is injured by a falling pallet that was not stacked properly.
• An office worker slips on a wet floor that was not cleaned in time.
• A truck driver is involved in a traffic accident while performing his duties.
• A painter falls from scaffolding that is not properly secured.

Is my employer liable?

In most cases, the employer is liable for a workplace accident. According to the law, the employer has a duty of care to ensure that the working environment is safe. This means that all necessary safety measures must be taken to prevent accidents. This includes clear instructions, providing protective clothing or equipment, and monitoring compliance with safety regulations.

When is the employer not liable? There are situations in which the employer is not liable for a workplace accident, such as:

• Deliberately reckless behavior by the employee.
• The employer has all reasonable safety measures taken to prevent the accident.
• Intent of the employee to cause an accident.

In these cases, the employer must prove that they did everything possible to prevent the accident and that the employee acted recklessly or negligently.

Steps after a workplace accident

After a workplace accident, it is very important that you take immediate action to protect your rights. Follow these steps:

1. Determine whether it is a work-related accident. A workplace accident occurs during work or working hours. This can be at the workplace itself, but also at another location, for example if you are on your way to a client.

2. Identify the cause. Was the accident caused by a lack of safety measures, insufficient supervision, or a colleague’s mistake? This may be decisive for your employer’s liability.

3. Make sure the Labour Inspectorate is involved. In the case of serious accidents (hospitalization, permanent disability, or death), the employer must report this to the Labour Inspectorate. If this does not happen, you can do so yourself.

4. Note witnesses. Colleagues or other witnesses can be crucial to confirm the circumstances of the accident.

5. Assess your losses. Collect all medical expenses, additional costs, lost income, and other losses. This can help later when filing a compensation claim.

6. Hold the employer liable. It’s best to do this with the help of a personal injury lawyer. At Arslan & Arslan Advocaten we are happy to help you file a claim and ensure a proper resolution of your case.

Economic and non-economic compensation

After a workplace accident, you may be entitled to various types of compensation, including:

• Material damages: This includes all direct costs you incur as a result of the accident, such as medical expenses, travel expenses, loss of income, and any costs for modifications to your home.
• Non-material damages (pain and suffering): This is compensation for the emotional and physical pain you have suffered. Think of the impact on your enjoyment of life, long-term pain, or psychological distress caused by the accident.

Example case: Construction worker with serious injuries Mr Yilmaz, employed as a construction worker, sustained severe injuries after a scaffold he was working on collapsed due to a structural defect. He had to undergo multiple surgeries and is permanently limited in his physical abilities. Arslan & Arslan Advocaten successfully held the employer liable, because no adequate safety inspection had taken place. The compensation included both his medical expenses and compensation for loss of income and pain and suffering. Ultimately, an amount of € 450.000 was awarded.

Free legal assistance for a workplace accident

A personal injury case after a workplace accident can be complicated, especially if the employer disputes liability. At Arslan & Arslan Advocaten we are ready to guide you through the process. Our experienced personal injury lawyers ensure that you receive what you are entitled to, without this being at the expense of your relationship with your employer.

Our legal assistance is free of charge for you if we can hold your employer or another party liable. We handle the legal procedure and negotiations with the insurer, so that you can focus entirely on your recovery.

Example case: Temporary agency worker with personal injury

Ms. Luchowska, a temporary agency worker at a distribution center, slipped on a slippery floor and broke her hip. Although she was not directly employed by the company where the accident took place, we were able to demonstrate that both the temp agency and the company where she worked were liable for the accident. This resulted in compensation of € 85.000 for medical expenses, loss of income, and pain and suffering.

What to do after a workplace accident?

After an accident, always contact a personal injury lawyer immediately. At Arslan & Arslan Advocaten we ensure that your rights are safeguarded and that you receive the compensation you are entitled to. Do not wait too long to take action, because time can play a crucial role when filing a claim.

Our approach is personal, expert, and tailored to your situation. We operate nationwide and will come to your home if necessary to discuss your case. Contact us today for a free, no-obligation consultation.

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