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Workplace Accident: Employer Liability and Filing a Claim for Compensation

Accident at work—what should I do?

An accident at work can set you back in an instant—physically, financially, and mentally. A study by Statistics Netherlands (CBS) shows that in 2020, there were tens of thousands of workplace accidents resulting in at least four days of absence. This makes it clear that you’re not alone, but it also highlights something else: this is an issue where employers, insurers, and regulations often intersect.

In this blog, you’ll learn when your employer may be liable, what you need to document, what damages you can claim, and why employment law is often decisive, especially in cases of workplace accidents.

Common causes we see in case files

Most workplace accidents are not caused by a single spectacular mistake, but by a combination of factors:

  • Slippery floors, cluttered walkways, poor maintenance
  • Lifting heavy objects or overexerting yourself
  • Insufficient instruction or inadequate supervision
  • Unsafe machines, no guards, no checklists
  • Chronic workload, understaffing, risks that are becoming “the norm”

It is precisely this combination of factors that often brings employer liability into play.

When is an incident considered a workplace accident?

In short, a workplace accident is an injury that occurs during working hours or in connection with work. Examples include:

  • Fall from a ladder, scaffold, or staircase
  • Injuries caused by machinery or tools
  • Accidents in logistics, construction, manufacturing, and healthcare
  • Injury caused by a coworker or unsafe work practices

In certain situations, psychological harm may also be considered, but the case must be legally and medically sound.

Employer liability, the duty of care under Article 7:658 of the Dutch Civil Code

Employers have a duty of care, and it is a serious one. Under Article 7:658 of the Dutch Civil Code, employers must do everything reasonably necessary to prevent harm. Safety instructions, work procedures, PPE, supervision, maintenance, and risk assessments—these are not mere formalities; they are the essence of the matter.

For your claim, this means that you must prove that you sustained an injury while at work, and then the employer must generally demonstrate that they fulfilled their duty of care.

And that is exactly why documentation, evidence, and a well-drafted initial notice of liability are so important.

Traffic accident while on the job—don’t forget this

Driving for work, visiting clients, or transporting goods on-site can lead to injuries. In such cases, the employer may also be liable, depending on the circumstances and the insurance coverage. In addition, the duty of care (Article 7:611 of the Dutch Civil Code) may apply, for example regarding the obligation to adequately protect employees and arrange insurance coverage.

Reporting Requirements and the Labor Inspectorate

In the event of serious workplace accidents, employers are often required to report them to the Labor Inspectorate. This applies in particular to cases involving hospitalization and suspected permanent injury, or in the event of a fatal accident. Proper reporting ensures that the incident is formally documented, while failure to report it can result in fines.

What compensation can you claim after a workplace accident?

A well-prepared insurance claim typically includes:

  • Loss of wages, including allowances, overtime pay, and bonuses where applicable
  • Medical expenses, deductible, physical therapy, and treatments
  • Travel expenses to healthcare providers
  • Help with household chores and around the house
  • Self-care and practical support
  • Compensation for pain, discomfort, grief, and limitations
  • Property damage, broken items

We often see that victims focus on the medical aspects, while the financial and practical costs can quickly add up. It pays to get this organized properly from the start.

Practical checklist: What to do after a workplace accident

  1. Report the accident immediately and confirm it by email
  2. Request an incident report and write your own report
  3. Gather witnesses, photos, instructions, and PPE information
  4. Keep all medical records and receipts, including those for small expenses
  5. Do not sign anything, including a VSO, without a legal review
  6. Have the notice of liability drafted by a professional; its content and tone will determine your next steps

Our free expert assistance

If you’ve been in a workplace accident, you need an employment law attorney—and we specialize exclusively in this area. There are no costs to you; we recover our fees from the insurer. We cover all damages, from medical expenses to compensation for pain and suffering. You’ll have a single point of contact—you’ll always speak with the same lawyer. You focus on your recovery; we’ll take care of the rest. Schedule a free online consultation today.


This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases and workplace accidents to drafting watertight agreements and regulations—with his practical and personal approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.

Arbeidsadvocaat.nl is happy to assist you if you have any questions about a workplace accident. Please feel freeto contact us. 

January 2026

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