As a temporary worker in Leiden, you often work at an end-user, but you are officially employed by an employment agency. In the event of a workplace accident, both parties can be held responsible.
Complex Relationship in Temporary Employment
In temporary employment, three parties are involved:
- Employment Agency: Your official employer with an employment contract
- End-user: The location where you actually perform your work
- Temporary Worker: You as the employee
Who Bears the Liability?
Both the end-user and the employment agency can be held liable based on Article 7:658 of the Dutch Civil Code:
| Involved Party | Responsibility |
|---|---|
| End-user | Primarily responsible for a safe working environment |
| Employment Agency | Responsible for the selection of the end-user and monitoring safety |
Obligations of the End-user
The end-user must apply the same safety standards for temporary workers as for its own staff:
- A safe workplace and suitable tools
- Clear instructions and information about risks
- Supervision of safe working methods
- Provision of protective equipment
Responsibilities of the Employment Agency
The employment agency also has important obligations:
- Verify whether the end-user complies with safety standards
- Inform you about potential hazards at the workplace
- Take action upon signals of an unsafe situation
Claiming Damages after an Incident
In the event of an accident, you can hold both the end-user and the employment agency liable. They bear joint responsibility:
- You may choose for yourself whom to file a claim against
- Often the end-user is approached, because the accident occurred there
- The parties settle among themselves who pays which part of the damages
Whom should I file my claim with: employment agency or end-user?
You have the freedom to file a claim with both parties. Usually, the end-user is approached, because the accident occurred at their location and evidence is available there. The employment agency can be involved as an additional party.What if I was new and did not receive training?
Especially for new temporary workers, adequate training is crucial. Failure to provide instructions can be regarded as a breach of the duty of care.Can I use my legal expenses insurance?
Yes, if you have legal expenses insurance, you can use it for legal assistance or reimbursement. Contact your insurance company for more information.Frequently Asked Questions about Personal Injury in Leiden
What does this article cover?
This article is about personal injury claims for temporary workers. Read the content carefully for specific details about your case.
How can I apply this information to my situation?
The content provides general guidelines, but every case is different. Contact a legal expert in Leiden for tailored advice.
Where can I find more help in Leiden?
Visit the Juridisch Loket Leiden at Stationsweg 46 or consult other articles on this platform. A lawyer can also provide support.
How do I contact for legal assistance?
Contact the Juridisch Loket Leiden or a local lawyer. Many organizations offer a free initial consultation.
What rights do I have in case of injury?
As a victim, you are entitled to compensation for medical expenses, lost income, and immaterial damages. Acting quickly strengthens your claim.
Summary
This article provides insight into personal injury for temporary workers in Leiden. For personal advice, you can go to a lawyer or the Juridisch Loket.
Key Points
- Every personal injury case is different
- Professional legal advice is recommended
- Taking quick steps is crucial
- Good documentation strengthens your case
- There are various organizations in Leiden that offer help
- Your rights must be safeguarded