Liability in workplace accidents

In the Netherlands, your employer has a legal duty of care to provide you with a safe working environment. This means your employer must take all reasonable measures to protect you from accidents while performing your work. This duty of care includes, among other things:

• Creating safe working conditions, including providing appropriate protective equipment
• Providing safe and well-maintained machines and tools
• Giving clear instructions on how to perform your work safely
• Supervising compliance with safety regulations

If you’re injured during working hours — including travel to and from work — your employer is generally liable for your personal injury. This also applies to accidents caused by a colleague or by defective equipment.

What happens if you become unable to work after a workplace accident?
If a workplace accident leaves you temporarily or permanently unable to work, the consequences for your income and future can be severe. You may lose wages, pension accrual, or career opportunities. In many cases, your employer is liable for these losses. Kracht! Letselschade helps you include all such consequences in your compensation claim.

There are situations in which your employer is not liable for a workplace accident. This only applies if your employer can prove that they fully complied with their duty of care. In addition, they must show that the accident was caused by your own intentional or reckless behaviour.

Your employer is therefore not liable if they can demonstrate that:

• They fully met their duty of care
• They took all reasonable safety precautions
• The accident was entirely due to your intentional or reckless conduct

It’s up to your employer to provide this proof. Without it, your employer remains responsible for your personal injury.

Have you been injured in a workplace accident? Then it’s wise to seek legal assistance to assess liability and substantiate your personal injury claim.

Report the accident to your employer as soon as possible
Inform your employer right away about what happened. It’s important to properly document the incident and give your employer the opportunity to investigate liability.

Seek medical attention for your injuries
Visit your GP, the hospital, or a specialist. Make sure your injuries are properly examined and treated — this is essential both for your health and for your compensation claim.

Ask colleagues or witnesses for a statement
Write down the details of anyone who witnessed the accident and ask them to describe what happened. Take photos of the situation if possible, or ask someone else to do so.

Keep track of all expenses caused by the accident
Save all receipts and invoices for things like medical treatments, travel costs, and repairs. These expenses can later be claimed from the liable party.

Seek legal assistance
A personal injury specialist from Kracht! Letselschade can help you hold your employer liable and substantiate your claim. This ensures you receive the compensation you’re entitled to — while you focus on your recovery.

If you’ve suffered personal injury due to a workplace accident and your employer is liable, you’re entitled to compensation. This compensation has two parts: material damages and non-material damages (compensation for pain and suffering).
Material damages

• Medical treatments
• Hospital costs
• Medication
• Rehabilitation
• Aids and equipment (such as crutches or a wheelchair)
• Travel expenses
• Loss of income because you (temporarily) can’t work

Non-material damages (compensation for pain and suffering)
Non-material damages cover harm that can’t be expressed in money directly — such as pain, suffering, psychological harm, or loss of enjoyment of life as a result of the accident.

It’s wise to seek professional legal assistance. Assessing your damages and the amount of compensation is often complex and depends on many personal factors. At Kracht! Letselschade, we guide you through each step — at no cost to you.

The amount of compensation you can receive after a workplace accident depends on the severity of your injury and the impact it has on your life. The seriousness of an injury is generally divided into seven categories — from minor to exceptionally severe.

Minor injury

• Examples: Scratches, light bruises
• Compensation: €500 – €1,000
• Impact: Quick recovery with minimal effect on your work or daily life.

Mild injury

• Examples: Sprained ankle, small burns
• Compensation: €1,000 – €2,500
• Impact: Limited impact on your daily activities and a short recovery period.

Moderate injury

• Examples: Bone fractures, prolonged rehabilitation
• Compensation: €5,000 – €25,000
• Impact: Possible temporary work disability and lasting symptoms.

Serious injury

• Examples: Complicated fractures, severe head injuries
• Compensation: €25,000 – €75,000
• Impact: Major impact on quality of life and work capacity.

Severe injury

• Examples: Multiple fractures, partial disability
• Compensation: €75,000 – €150,000
• Impact: Lifelong consequences, including lasting limitations in work and daily activities.

Very severe injury

• Examples: Total disability, severe spinal or brain injury
• Compensation: €150,000 – €250,000
• Impact: Lifelong care required, with major financial and emotional impact.

Important: The amounts mentioned are indicative. The exact amount of your compensation depends on your personal situation. Contact us for a tailored assessment of your case.