A work accident is an incident that occurs during or in relation to your work. In many situations, the employer can be held responsible for the damage suffered by the employee.
Definition of a Work Accident
A work accident is characterized as an incident that:
- Occurs during working hours
- Takes place at the workplace
- Is related to the tasks performed
Incidents during commuting or company activities may in some cases also be considered work accidents.
Liability of the Employer
According to Article 7:658 of the Dutch Civil Code, an employer is responsible for damage suffered by an employee during work, unless the employer can prove that:
- He has complied with his duty of care, or
- The damage was caused by intent or gross negligence on the part of the employee
Responsibilities of the Employer
An employer must ensure a safe working environment:
| Element | Responsibility |
|---|---|
| Workplace Safety | Safe equipment and working conditions |
| Training | Instructions on risks and safety measures |
| Supervision | Monitoring compliance with safety regulations |
| Protection | Provision of personal protective equipment |
| Workload | Reasonable workload and sufficient breaks |
Burden of Proof in Work Accidents
In work accidents, there is a reversed burden of proof:
- The employee must prove that damage was suffered during work
- The employer must prove that he has complied with his duty of care
- This legislation facilitates claiming compensation for employees
Steps After a Work Accident
- Inform the employer about the incident
- Seek medical help
- Register the accident in the company register
- Take photos of the scene
- Collect statements from witnesses
- In case of serious accidents: report to the Labour Inspectorate
What if I made a mistake myself?
An own fault rarely leads to exemption from liability for the employer. Only in cases of intentional conduct or extreme recklessness on the part of the employee can the employer not be held liable.Can I file a claim against my own employer?
Yes, the employer is responsible and usually has liability insurance. The insurer handles the claim, not the employer himself.What if my employer is bankrupt?
In case of bankruptcy, you can file a claim with the trustee. If there is liability insurance, you can file a claim directly with the insurer.Frequently Asked Questions about Work Accidents in Leiden
What is meant by a work accident?
A work accident is an incident during or related to work, for which the employer is often liable for the damage.
What are the legal criteria for a work accident?
Sometimes accidents during commuting or company outings are also considered work accidents.
What are my rights and obligations?
Article 7:658 of the Dutch Civil Code states that employers are liable for damage during work, unless they prove they have fulfilled their duty of care.
What if the rules are not complied with?
The employer is obliged to provide a safe workplace.
Common mistakes in work accidents?
The reversed burden of proof plays a major role in claims.
When to seek legal assistance?
It is advisable to seek legal advice in case of uncertainty about rights, conflicts with the employer, or if the handling does not seem correct. Early advice can prevent problems.
Summary
Work accidents are an essential part of employment law in the Netherlands. Both employers and employees have clear obligations and rights. Non-compliance can have legal consequences.
Key Points
- Work accidents fall under the Dutch Civil Code
- Rights and obligations apply to both parties
- Violations can lead to legal action
- In case of doubt, legal advice is recommended
- Preventive measures and good agreements are crucial
Relevant Authorities in Leiden:
District Court of The Hague, Leiden Location
Juridisch Loket Leiden, Stationsweg 46