As a temporary worker in Zoetermeer, you often work at a company, but you are officially employed by an employment agency. In the event of a workplace accident, both the employment agency and the company where you work may be liable.
The Relationship Between the Parties
In a temporary employment arrangement, three parties are involved:
- Employment agency: Your formal employer with whom you have an employment contract.
- Company (End-user): The place where you actually perform your work.
- Temporary worker: You as the employee.
Liability in Accidents
Both the employment agency and the end-user may be liable under Article 7:658 of the Dutch Civil Code:
| Party Involved | 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 in Zoetermeer must provide temporary workers with the same care as permanent employees:
- A safe workplace and suitable equipment.
- Clear instructions and information about risks.
- Supervision of safe working practices.
- Provision of protective equipment.
Responsibilities of the Employment Agency
The employment agency also has important duties:
- Checking whether the workplace at the end-user is safe.
- Informing you about potential hazards in the workplace.
- Taking action if the workplace does not meet standards.
Claiming Damages After an Incident
In the event of an accident, you can hold both the employment agency and the end-user liable. They bear joint responsibility:
- You may choose for yourself whom to file a claim against.
- Often the end-user is held accountable, as the accident occurred there.
- The parties settle among themselves who pays which portion of the costs.
Should I file my claim with the employment agency or the end-user?
You can file a claim with both parties. Usually, the end-user is held accountable, as the incident occurred there and evidence is available. The employment agency can be involved as an additional party.What if I did not receive instructions at the start of my work?
For new temporary workers in Zoetermeer, proper guidance is crucial. If instructions are lacking, this may be regarded as a breach of the duty of care.Can I involve my legal expenses insurance?
Yes, if you have legal expenses insurance, they can provide legal assistance or cover costs. Contact your insurer for more information.Frequently Asked Questions
What does this article cover?
This article covers personal injury claims for temporary workers in Zoetermeer. Read the content for specific details about your situation.
How can I apply this information?
The content provides general guidelines. For tailored advice, you can contact a legal expert in Zoetermeer.
Where can I find more help?
Consult other articles on this platform or contact the Juridisch Loket Zoetermeer for support.
How can I get legal help?
Contact a lawyer or the Juridisch Loket Zoetermeer. Many organizations offer a free initial consultation.
What are my rights in case of injury?
As a victim, you are entitled to compensation, such as reimbursement of medical expenses and loss of income. Prompt action strengthens your case.
Summary
This article provides insight into personal injury for temporary workers. For personal advice, consult an expert via the Juridisch Loket Zoetermeer or the District Court of The Hague.
Key Points
- Every case is different and requires tailored handling.
- Legal assistance is often necessary.
- Prompt action can increase your chances.
- Good documentation is essential.
- Organizations in Zoetermeer offer support.
- Protect your rights as a victim.