Personal injury from a workplace accident or occupational disease
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An injury at work or illness caused by working conditions may provide grounds for holding an employer liable. A workplace accident and an occupational disease often require different kinds of evidence. It is sensible to record the event, work activities and symptoms early.
In this guide
- An accident or illness caused by your work
- Record information carefully
- Liability and recovery alongside each other
- Three processes to keep distinct
- Make the safety issue specific
- Handle sickness reporting and medical privacy carefully
- What continued salary payments do and do not establish
- Raise liability without blocking everyday cooperation
- Keep your own copy of relevant work information
An accident or illness caused by your work
A workplace accident might involve a fall or becoming trapped while working. An occupational disease can develop gradually, for example through exposure or prolonged strain. Describe the work you performed and the conditions in which you did it. Include who was present.
According to Rechtspraak, for a workplace accident you must be able to show that your injury arose during your work. For an occupational disease, the connection between the illness and work matters. The employer may rely, among other things, on sufficient safety measures or intentional conduct or deliberate recklessness.
Record information carefully
Report the incident to your employer and ask for written confirmation. Keep the accident report, relevant work instructions and available photos. Record which machine, protective equipment or safety arrangements were present. Ask witnesses to record their own observations.
Follow the usual sickness reporting procedure and discuss medical questions with the designated healthcare professionals. For your own file, record which tasks you cannot perform and what arrangements have been made for modified work. Share confidential medical records only through an appropriate, secure route.
Liability and recovery alongside each other
Giving notice of liability is a separate step from reporting sick and returning to work. Describe the losses you attribute to the work and ask your employer to forward the letter to its insurer where necessary. Keep the letter and proof of receipt.
Agency work, internships, self-employment or an accident while travelling may involve other parties and rules. Seek advice suited to your working relationship. Also have lost income and future consequences assessed; continued salary payments do not necessarily mean every loss item has been resolved.
Three processes to keep distinct
After a work injury, recovery and return to work, investigation of workplace safety, and compensation for your losses may run alongside each other. The occupational physician assesses capacity and return-to-work questions within their role. The employer organises the work and support. A civil liability claim concerns responsibility and compensation. A positive development in one process does not automatically answer all the questions in another.
An investigation by the Netherlands Labour Authority may provide information about the circumstances, but it is not a personal claims settlement. Conversely, the absence of an inspection does not necessarily mean nobody can be liable. Keep separate records of medical and occupational arrangements, safety documents and claim correspondence. Ask which information from one process is relevant and may lawfully be used in another.
Make the safety issue specific
Do not rely only on a general impression that the work was dangerous. Record the task, equipment, floor or ground, workspace and instructions at that time. Was the necessary aid available and usable? Who gave instructions and who supervised? According to Arboportaal, the duty of care also covers safety instructions and supervision. The measures reasonably required are assessed in light of the circumstances.
Ask for the instructions applicable to your task, the relevant part of the risk assessment and available maintenance or incident records. The absence of one document does not automatically decide liability. Nevertheless, a specific request can clarify the discussion. Record if instructions were only given verbally and who was present, without later inventing an exact wording.
Handle sickness reporting and medical privacy carefully
Inform your employer of your incapacity for work through the usual procedure and record which duties your limitations prevent you from performing. Medical details belong with the authorised healthcare professional. A representative assessing your losses has a different role from your manager. For every information request, ask who will receive it, why it is needed and which secure channel to use.
If you return to modified work, keep agreements about hours, tasks and aids. Record changes in workload and symptoms for your own overview and discuss medical problems with the occupational physician or treating professional. Returning can be appropriate for recovery, but does not by itself mean all losses have ended. Equally, a claim should not prevent you from seriously discussing appropriate recovery and work arrangements.
What continued salary payments do and do not establish
Continuing salary payments can reduce immediate financial pressure, but examine the whole situation. Allowances, overtime, pension accrual and career opportunities may develop differently. Not every difference is automatically an accident-related loss: you need information about normal earnings and the likely course without the injury. Keep documents from before the accident too, and discuss which period provides a reliable comparison.
With a temporary contract, it may be uncertain how the work would have continued without the accident. Do not turn an informal conversation into a firm promise about the future. Keep specific appraisals, training arrangements or offers, and describe uncertainty honestly. Different documents may matter for self-employed people and workers supplied to another business. Ask whether occupational or financial expertise is needed before accepting a simplified income comparison.
Raise liability without blocking everyday cooperation
A written notice of liability can remain factual and professional: describe the incident, your injury and why you are approaching the employer. Ask for it to be forwarded to the insurer and request a contact person. You do not need to act as though insurance has already resolved every question. Explain that you want to understand how the losses will be assessed and what documents are needed.
Discuss with your representative who handles legal contact and which practical questions you will coordinate directly with your employer. This allows discussion of returning to work to continue while liability is investigated. Keep personal notes of important conversations and confirm factual agreements. If liability is rejected, investigate whether the correct party was approached and precisely what defence the employer relies on, rather than accepting only generic insurance wording.
Keep your own copy of relevant work information
Over time, schedules, work orders and contact details can become harder to obtain. Retain records you lawfully hold and that are relevant to the incident. Do not take an entire confidential business administration. Note which documents remain with the employer and ask your representative to request specific missing information. This keeps the investigation focused and avoids unnecessary disputes about business information.
The same applies to colleagues' messages: retain the original context and let people give their own observations. A message expressing sympathy is not the same as a witness statement about the cause. Ask whether a colleague is willing to remain contactable and note their role at the time. If your employment ends, check that arrangements about your injury claim are not inadvertently included in a wider termination agreement.
Frequently asked questions
Should I approach my employer if insurance is available?
Usually you address the notice of liability to the employer, who can pass it to its insurer. This is a legal step towards having your losses assessed. Seek advice first if you are unsure who the correct party is.
Does this also apply to a self-employed person?
Rules on employer liability may sometimes be relevant outside an employment contract. This depends, among other things, on the work and relationship with the client. Do not assume the same outcome as for an employee.
Does my own mistake mean the employer never has to pay?
An awkward action does not automatically lead to that conclusion. Specific rules apply to employer liability, and ordinary inattention is not necessarily the same as intention or deliberate recklessness. Have the circumstances, safety measures and defence legally assessed. Do not sign a general admission of fault simply because you made a mistake.
My employer says the inspectorate will not attend. Is that the end of it?
No. An inspection process and a civil claim serve different purposes. Ask what report was made and which investigation records are available, but have liability and your own losses assessed separately. Even without an inspection visit, witnesses, photos and work records may help reconstruct the facts.
Is a lawyer compulsory before the kantonrechter?
Rechtspraak explains that you may appear before the Dutch kantonrechter yourself or through an authorised representative. Proceedings are not therefore free or suitable for every dispute. Discuss evidence, the appropriate procedure, court fees and other possible costs beforehand.
Sources for this article
This information concerns Dutch law. Consult the source for current guidance and seek advice about your own situation if you are unsure.
Workplace accident and occupational disease — RechtspraakWorkplace accident — Het Juridisch LoketEmployer liability — ArboportaalProcedures bedrijfsongeval en beroepsziekte — RechtspraakGeneral information. This does not replace individual legal advice.
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