As a self-employed person in Leiden, you have no employer who is responsible in the event of an accident. Nevertheless, there are options to have your damage compensated, depending on the circumstances.
Legal Position of a Self-Employed Person
As a self-employed person, you do not fall under the standard protection of Article 7:658 of the Dutch Civil Code, which means:
- No automatic burden of proof distribution
- No direct liability of the client
- More personal responsibility for your safety
Possible Liability of the Client
According to Article 7:658 paragraph 4 of the Dutch Civil Code, a self-employed person may in some cases still enjoy protection:
- If your work resembles that of an employee
- If the accident occurs within the client's work environment
- Then the client can be held liable in a similar manner
In Which Situations Can a Self-Employed Person Claim Damages?
| Circumstance | Liable Party |
|---|---|
| Accident due to unsafe workplace at client | Client (Article 7:658 paragraph 4 Dutch Civil Code) |
| Accident caused by another party | That other party (tort) |
| Traffic accident during working hours | The party causing the accident |
| Own fault of the self-employed person | Own insurance policies |
Importance of Insurances for Self-Employed Persons
It is crucial for self-employed persons in Leiden to be properly insured:
- AOV: Disability insurance for income loss in case of disability
- Accident policy: A payout in case of disability or death
- AVB: Professional liability insurance for damage caused to others
Burden of Proof in Personal Injury Cases
As a self-employed person, you must prove yourself:
- That the client was negligent in its duty of care
- That this negligence led to your accident
- What damage you have suffered as a result
Do I as a self-employed person fall under employer liability?
That may be the case. If you work long-term for one client, operate within their business, and perform tasks comparable to those of employees, Article 7:658 paragraph 4 of the Dutch Civil Code may possibly be applied.What if I have no insurance?
In case of your own fault or an accident without a liable party, you are dependent on your own resources or social assistance. Therefore, it is advisable for a self-employed person to take out an AOV.Can I as a self-employed person claim an occupational disease?
Generally not from a client, unless your situation is comparable to that of an employee. In other cases, you are dependent on your own insurances.Frequently Asked Questions about Personal Injury in Leiden
What does this article cover?
This article is about personal injury compensation for self-employed persons. Read the content carefully for specific information about your case.
How can I use this information for 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 contact a lawyer for detailed advice.
How can I get help?
Contact a legal advisor or the Juridisch Loket Leiden. Many organizations offer a free initial consultation.
What are my rights in case of injury?
If someone is liable, you are entitled to compensation for medical costs, income loss, and immaterial damage. Quick action strengthens your case.
Summary
This article provides useful insights into personal injury for self-employed persons. For personal advice, you can consult a lawyer or contact the Juridisch Loket Leiden.
Key Points
- Every personal injury case differs
- Legal assistance is often necessary
- Quick action is crucial
- Good documentation strengthens your case
- There are supporting organizations in Leiden
- Your rights must be safeguarded
Relevant institutions in Leiden:
- Rechtbank Den Haag, location Leiden
- Juridisch Loket Leiden, Stationsweg 46