A work accident concerns an incident that occurs during or due to work-related activities. 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:
- Takes place during working hours
- Occurs at the work location
- Has a direct connection to the tasks performed
Sometimes accidents during commuting or company activities also fall under this category.
Liability of the Employer
According to Article 7:658 of the Dutch Civil Code, the employer is responsible for damage suffered by an employee during work, unless the employer can prove that:
- He has fully complied with his duty of care, or
- The damage was caused by intentional or reckless conduct of the employee
Responsibility for a Safe Working Environment
The employer is obliged to guarantee a safe workplace:
| Component | Responsibility |
|---|---|
| Safety on the work floor | Safe equipment and a safe environment |
| Training | Instructions on risks and safe working methods |
| Supervision | Monitoring compliance with safety regulations |
| Protective equipment | Provision of personal protective equipment |
| Work organization | Reasonable workload and sufficient breaks |
Burden of Proof in Work Accidents
In the event of a work accident, a reversed burden of proof applies:
- The employee must demonstrate that the damage arose during work
- The employer must prove that he has fulfilled his duty of care
- This facilitates employees in claiming compensation
Steps After a Work Accident
- Notify the employer of the incident
- Seek medical help if necessary
- Ensure the accident is registered in the accident database
- Document the situation with photos
- Gather statements from witnesses
- In case of serious incidents: report it to the Labour Inspectorate
What if I made a mistake myself?
An own mistake usually does not absolve the employer of liability. Only in cases of intentional or extremely reckless behavior can the employer not be held responsible. Normal errors fall under work risks.Can I file a claim against my own employer?
Yes, the employer is responsible for the damage. Usually, the employer has insurance for this, and the insurance company handles the claim, not the employer itself.What if my employer goes 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 Zoetermeer
What is meant by a work accident?
A work accident is an incident that occurs during or due to work-related activities. The employer can often be held liable for the damage.
What are the legal criteria for a work accident?
Incidents during commuting or company outings can in some cases also be considered work accidents.
What are my rights and obligations?
According to Article 7:658 of the Dutch Civil Code, the employer is liable for damage during work, unless he proves that he has fulfilled his duty of care.
What are the consequences of non-compliance with rules?
The employer must provide a safe working environment. Non-compliance can lead to legal consequences.
What are common mistakes in work accidents?
The reversed burden of proof means that the employee must prove the damage, while the employer must demonstrate that he has fulfilled his obligations.
When should I seek legal help?
It is advisable to seek legal advice in case of uncertainty about your rights, conflicts with your employer, or if you feel you are not being treated correctly. Early advice can prevent problems and costs.
Summary
Work accidents fall under Dutch employment law. Both employers and employees have specific responsibilities. Non-compliance with rules can have legal consequences.
Key Points
- Work accidents are regulated in the Dutch Civil Code
- Employers and employees have duties and rights
- Non-compliance with rules can lead to legal proceedings
- In case of doubt, legal assistance is recommended
- Preventive measures and clear agreements help avoid problems
For legal support in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. For cases that go to court, this falls under the District Court of The Hague.