Work-related accidents happen every day. Sectors in which many industrial accidents occur are construction, industry and agriculture. When an employee is injured in an accident at work, the question is whether the employer is liable and whether the (insurer of the) employer must compensate the employee for the damage. In this article we explain how this is legally arranged.
Every employer in the Netherlands has a legal obligation to provide a safe working environment. This is stated in Section 7:658 of the Dutch Civil Code. Employers must identify the risks, draw up a safety policy and also implement these rules adequately in order to prevent occupational accidents. The employer must actively monitor compliance with the rules and agreements regarding safety and prevention.
Report to inspection
In 2021, no less than 3,482 occupational accidents were reported to the Labor Inspectorate, in which 62 people died. The employer is obliged to report an industrial accident to the Labor Inspectorate in the event of personal injury or death. Not only accidents with your own people must be reported, but also with hired workers, such as temporary workers and self-employed persons without employees.
Liability
If an employee is injured on the job, the employer is almost always liable. There are three possible situations in which the employer is not liable:
- The employer has fulfilled its duty of care, because everything has been done to prevent an accident.
- The employer has not complied with the duty of care, but if all safety measures had been taken, the accident would probably have occurred anyway.
- The employee has acted intentionally or consciously recklessly, as a result of which the accident could have happened.
Knowing more?
It is wise to engage a specialized lawyer when recovering your compensation. Please contact us for more information or for advice