A work accident concerns an incident that occurs during or due to work activities. Employers in Utrecht are often responsible for the damages suffered by their employees.
Definition of a work accident
A work accident is characterized by:
- It occurs during working hours
- It takes place at the workplace
- It has a direct relationship with the tasks performed
Incidents during commuting or company activities may in some cases also be considered work accidents.
Liability of the employer
According to Article 7:658 of the Dutch Civil Code, an 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 intent or gross negligence on the part of the employee
Responsibilities of the employer
An employer in Utrecht must ensure a safe working environment:
| Aspect | Responsibility |
|---|---|
| Safety on the work floor | Providing safe equipment and a risk-free environment |
| Training and information | Instructing on hazards and safe working methods |
| Supervision | Checking compliance with safety regulations |
| Protective equipment | Providing personal protective equipment |
| Workload management | Preventing overload and ensuring sufficient breaks |
Burden of proof in work accidents
In a work accident, a reversed burden of proof applies:
- The employee must demonstrate that the damage occurred during work
- The employer must prove that he has fulfilled his duty of care
- This facilitates the process for employees to receive compensation
Steps immediately after an accident
- Inform the employer about the incident
- Seek medical assistance
- Have the accident recorded in the accident register
- Take photos of the situation on site
- Collect witness statements
- In case of serious accidents: report to the Labour Inspectorate
What if I made a mistake?
A personal mistake usually does not release the employer from liability. Only in cases of intentional conduct or extreme recklessness can the employer be exempted. Normal errors fall under work risks.Can I file a claim against my own employer?
Yes, employers are liable and usually have insurance for this. The insurer handles the claim, not the employer himself.What if my employer is bankrupt?
In case of bankruptcy, you can file a claim with the trustee. If there is liability insurance, you can go directly to the insurer.Frequently asked questions about work accidents in Utrecht
What does a work accident entail?
A work accident is an incident during or related to work. Employers are often liable for the damage to employees.
What are the legal criteria for a work accident?
Incidents during commuting or company outings can sometimes also be regarded as work accidents.
What are my rights and obligations?
Article 7:658 of the Dutch Civil Code states that employers are liable for damage during work, unless they can prove they have fulfilled their duty of care.
What if rules are not complied with?
Employers must provide a safe workplace and are otherwise liable for the consequences.
What are common mistakes in work accidents?
The reversed burden of proof plays a major role: the employer must demonstrate that he has fulfilled his obligations.
When to seek legal assistance?
It is advisable to seek legal advice in case of uncertainty about rights, conflicts with the employer, or if you feel you are not being treated properly. Early advice can prevent problems.
Summary
Work accidents fall under employment law in the Netherlands. Both employers and employees have rights and obligations. Failure to comply can have legal consequences.
Key points
- Work accidents are regulated in the Dutch Civil Code
- Employers and employees have specific obligations
- Breach of rules can lead to legal action
- In case of uncertainty, legal advice is recommended
- Preventive measures and clear communication prevent many issues
Relevant authorities in Utrecht:
District Court of Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket Utrecht, Catharijnesingel 55