As a self-employed person in Zoetermeer, you are not automatically protected by an employer in the event of an accident. Nevertheless, there are options to claim compensation, depending on the circumstances.
Legal Position of Self-Employed
As a self-employed person without employees, you do not fall under the standard protection of Article 7:658 of the Dutch Civil Code. This means:
- No automatic burden of proof distribution
- No direct liability of the client
- More responsibility for your own safety
Possible Liability of the Client
According to Article 7:658 paragraph 4 of the Dutch Civil Code, a client may nevertheless be liable in certain cases:
- If your work resembles that of a regular employee
- If the accident occurs within the client's work environment
- In that case, the client may be held responsible 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 work | The party causing the accident |
| Own fault of the self-employed person | Own insurance or reserves |
Importance of Insurance for Self-Employed
As a self-employed person in Zoetermeer, it is crucial to be properly insured:
- DI: Disability insurance for income loss in case of incapacity
- Accident insurance: Lump-sum payment in case of disability or death
- PLI: Professional liability insurance for damage caused to others
Burden of Proof in Personal Injury
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
Does a self-employed person fall under employer liability?
In some cases, yes. If you regularly work for the same client, operate within their organization, and perform comparable work to employees, Article 7:658 paragraph 4 of the Dutch Civil Code may apply.What if I as a self-employed person have no insurance?
In case of your own fault or a single-vehicle accident, you are then dependent on your own resources or social assistance. It is therefore advisable to at least take out DI insurance.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 Zoetermeer
What does this article cover?
This article is about personal injury compensation for self-employed persons. Read the content for specific information about your case.
How can I apply this information to my situation?
The content provides general guidelines. For tailored advice, you can contact a legal expert or lawyer in Zoetermeer.
Where can I find more help in Zoetermeer?
View other articles on this platform or contact the Juridisch Loket Zoetermeer for support.
How can I engage legal assistance?
Contact a lawyer or the Juridisch Loket Zoetermeer. 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 costs such as medical care, lost income, and non-pecuniary damages. Prompt action is important.
Summary
This article provides insight into personal injury for self-employed persons. For personal advice, you can consult a lawyer or contact the Juridisch Loket Zoetermeer.
Key Points
- Every personal injury case is different
- Legal advice is often necessary
- Prompt action strengthens your claim
- Document everything carefully
- Support is available through local organizations
- Protect your rights as a victim