Specialist attorney for workplace accidents or industrial accidents
A workplace accident always comes at an inopportune time. You’ve suffered an injury, your income may be at risk, and at the same time, questions arise regarding return to work, wages, your employment relationship, liability, and compensation. We help you regain peace of mind, take control of the situation, and achieve the best possible legal outcome, both in matters of liability and in the employment law process.
- Substantive feedback within 24 hours
- Clear step-by-step plan
- A single point of contact for personal injury and employment law
Call us right away for an initial assessment, or schedule a free online consultation. In the vast majority of cases, we can assist you at no cost.
What is a work-related accident or workplace accident?
A workplace accident is an accident that occurs during working hours or while performing work-related activities. This can happen on the job site, but also elsewhere, such as during a company outing or at another location where you are required to be for work. Examples:
- fall from a height, tripping, slipping, being crushed
- accident involving machinery or tools
- incident in the construction, logistics, healthcare, or hospitality industries
- accident during a company outing
- an accident while working from home, provided there is a sufficient connection to work
When is your employer liable?
The key provision is Article 7:658 of the Dutch Civil Code, which concerns the employer’s duty of care. If you sustain an injury “in the course of your work,” the employer is generally liable, unless the employer can demonstrate that it has fulfilled its duty of care. Important points:
- The employer must ensure a safe workplace, provide proper instructions and supervision, and implement appropriate measures.
- Liability is not limited to “traditional” workplace accidents; the duty of care may also apply in special situations (such as company outings or working from home), depending on the circumstances.
- From a legal standpoint, it is rarely wise to try to “negotiate” with the insurer or employer on your own. Proper classification and the presentation of evidence often make all the difference.
What types of damages can you claim after a workplace accident?
A claim for damages following a workplace accident often involves more than just medical expenses. For example:
- loss of income and loss of earning capacity
- pension loss
- medical expenses and copayments
- travel expenses and parking fees
- housekeeping assistance and informal care
- home modifications, assistive devices
- compensation for emotional distress (non-pecuniary damages)
We systematically identify your claims, substantiate them, and arrange for advance payments where necessary.
Why hire an arbeidsadvocaat a workplace accident?
Many people automatically hire a personal injury lawyer when they’re injured. That’s understandable, but in the case of a workplace accident, two processes almost always overlap:
- Liability and Damages (Employer Liability, Insurer, Evidence, Calculation of Damages)
- Employment law (continued pay, return-to-work programs, building a case file, potential voluntary severance, risk of dismissal, relationship with the employer)
An employment lawyer is often particularly advantageous in cases of workplace accidents because we:
- directly address issues related to wages, reintegration, and legal standing vis-à-vis the employer
- prevent yourself from inadvertently taking steps that could later be used against you (for example, in a VSO or during an UWV program)
- at the same time, formulate the claim for damages in legally sound terms, focusing on employer liability and the duty of care (Section 7:658 of the Dutch Civil Code)
- understand how insurers and employers reach settlements in connection with employment law agreements
In short: while a generalist approach to personal injury claims often focuses primarily on the claim itself, we also safeguard your future in terms of employment law.
Frequently Asked Questions About Workplace Accidents
Is your help free?
Yes, our assistance is free of charge if the other party is liable. In cases of personal injury resulting from a workplace accident, if the other party is liable and/or acknowledges liability, the reasonable costs of legal assistance are borne by the liable party or their insurer. That is why many law firms offer free assistance to the victim in such situations.
How we approach this:
- We first assess whether there is a valid basis for liability.
- We then hold the other party (usually the employer or its insurer) liable.
- In cases of admission of liability or clear liability, we structure the case so that legal fees are included in the settlement of the claim.
Important: If liability has not (yet) been acknowledged, we will discuss the next steps with you upfront and transparently, so you’ll never face any surprises later on.
What are the key steps to take after a workplace accident?
- Medical care and documentation
Have your symptoms documented and keep all records. - Report the accident
. Submit a written report to your employer, supervisor, or HR department, and request that it be documented in an internal incident report. - Gather evidence
Photos, witnesses, location, work instructions, PPE, schedules, workload, and relevant app or email messages. - Legal Assessmentof the Case of "
" We assess the duty of care, the work situation, and liability, with a focus on Section 7:658 of the Dutch Civil Code.
: Liability Claims and Calculation of DamagesThis is followed by an assessment of damages, medical causation, advance payments, and negotiations.- Employment law protection
At the same time, we focus on wages, reintegration, and preventing unfavorable termination agreements.
When is my employer liable in the event of a workplace accident?
In many situations, you can hold your employer liable under employer liability laws. The primary legal basis is Article 7:658 of the Dutch Civil Code, which addresses the employer’s duty of care. In short, the employer must ensure a safe work environment, provide proper instructions, supply appropriate protective equipment, and maintain supervision.
Your employer can avoid liability if they can prove that they fulfilled their duty of care, or that the accident was the result of intent or willful recklessness, but in practice this is rarely accepted.
Do I have to prove that my employer is at fault?
Not in the way many people think. In a claim based on Section 7:658 of the Dutch Civil Code, the focus is not solely on “fault,” but primarily on whether the employer fulfilled their duty of care. If you can demonstrate that you sustained an injury while working, the employer must then prove that they took sufficient measures to prevent the accident. In practice, evidence is important: think of photos, witnesses, incident reports, instructions, PPE, workload, and schedules.
I'm worried about getting into trouble with my employer. Is it wise to hold them liable?
That’s an understandable concern. At the same time, it’s important to know that claims are usually handled through the employer’s liability insurance provider. The goal isn’t to escalate the situation, but to ensure you receive proper compensation for your damages. In fact, many employers appreciate that the matter is handled professionally.
In addition, we monitor your employment status (wages, return-to-work support, record-keeping, and risk of dismissal) to ensure that your situation does not deteriorate unnecessarily.
Can I hire a lawyer, and is it free if the employer is liable?
In many cases, yes. In personal injury cases, it is standard practice that, once liability is established, the reasonable costs of legal representation are reimbursed by the liable party or their insurer. As a result, legal assistance is often free of charge for you if the other party is liable. We will clearly explain in advance how this works in your specific situation, and whether or not there may be a risk of costs.
