A workplace accident can have major consequences. Not only physically or mentally, but also financially. Many people immediately wonder: who pays the damages in a workplace accident? Is it the employer, an insurer, or do you (partly) have to bear the costs yourself? In this article, we explain this clearly and practically.
Have you been injured and want to know what you are entitled to? Also check our page on personal injury.
What is a workplace accident?
A workplace accident (occupational/industrial accident) occurs when you sustain injury during or as a result of your work. This can happen, for example:
- on the work floor (for example due to fall hazards, machinery, or slipping);
- during loading and unloading or work at an external location;
- during business trips or work-related transportation;
- while working from home (for example due to an unsafe workspace).
Employers have a legal duty of care to create a safe working environment. Read more about this at the government websites: Dutch Government - Health and Safety Policy and Arboportaal - Liability and Duty of Care.
Workplace accident: who pays the damages?
In many cases, the employer is liable for the damages you suffer as a result of a workplace accident. The employer must demonstrate that they did everything reasonably necessary to prevent the accident.
1) The employer (duty of care)
The employer must be able to show that:
- sufficient safety measures were taken;
- clear instructions were given;
- supervision of safe working practices was maintained.
More explanation on this topic can be found in our in-depth blog: holding the employer liable in a workplace accident.
2) The employer's insurer
In practice, it is often the employer's insurer who pays (partially or fully) the damages. Therefore, the settlement usually takes place through correspondence with an insurer.
3) UWV (benefits for long-term illness)
The UWV (Employee Insurance Agency) may play a role in continued wage payment and benefits for incapacity for work. Important to know: a UWV benefit is different from full personal injury compensation. Read more at UWV: Apply for WIA benefit (UWV).
What damages are compensated in a workplace accident?
In a workplace accident, depending on your situation, compensation may be possible for all damages related to the injury, such as:
- loss of income and wage damage;
- medical costs (insofar as not reimbursed);
- travel and parking costs;
- household help and informal care;
- pension damage;
- pain and suffering compensation (non-material damages);
- future damages.
Read more about pain and suffering compensation here: pain and suffering compensation in personal injury cases.
What should you do immediately after a workplace accident? (step-by-step plan)
Acting quickly and carefully helps strengthen your case. These are the most important steps:
- Report the accident to your employer immediately.
- Request documentation (report/email) and note the date, time, and location.
- Always visit a doctor (even for 'minor' complaints) and have complaints documented.
- Gather evidence: photos, witnesses, text messages, emails, camera footage (if available).
- Keep receipts and record extra costs and lost income.
- Seek legal advice before making detailed statements to the insurer.
Please note: in serious accidents, there is often a reporting obligation to the Dutch Labor Inspectorate. Information about this can be found here: Report a workplace accident (Dutch Labor Inspectorate).
What if the employer says: "I am not liable"?
A rejection does not automatically mean you have no right to compensation. Employers (or their insurers) regularly dispute liability. Often, upon legal assessment, it turns out that:
- instructions were insufficient or cannot be proven to have been given;
- safety measures were lacking or were not enforced;
- the risk was "work-related" and falls under the duty of care.
Want to know what an attorney does in such proceedings? Also read: what does a personal injury attorney do? and what does the personal injury process look like?.
Is legal assistance free of charge for a workplace accident?
In personal injury cases, the costs of legal assistance are in many cases recovered from the liable party (usually the insurer). This means that victims often bear no net costs.
Frequently asked questions
Does this also apply to temporary workers?
Yes, temporary workers can often also claim compensation after a workplace accident. Depending on the situation, liability may rest with the temporary employment agency or the client company.
What if I (partly) made a mistake myself?
Even then, the employer may be liable. The employer's duty of care is extensive. The exact assessment depends on the circumstances.
How long does a personal injury case take after a workplace accident?
That depends on recovery, final medical condition, and discussions about damage items. Interim advance payments can often be arranged.
Need help after a workplace accident?
Have you had a workplace accident and want to know who pays the damages and what you can claim? Then contact Arslan Advocaten for an initial assessment of your situation.