As a temporary worker in Utrecht, you are employed by an employment agency, but you work at an end-user. In the event of a workplace accident, both parties may bear responsibility for your personal injury.
The Relationship Between the Parties
In temporary employment, three parties play a role:
- Employment agency: Your official employer with an employment contract
- End-user: The location where you perform your work
- Temporary worker: You as the employee
Who Bears Liability?
According to Article 7:658 of the Dutch Civil Code, both the end-user and the employment agency may be liable:
| Involved Party | 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 must exercise the same duty of care towards temporary workers as towards permanent employees:
- A safe workplace and suitable equipment
- Clear instructions and information about risks
- Supervision of safe working methods
- Provision of protective equipment
Responsibilities of the Employment Agency
The employment agency also has obligations:
- Checking whether the end-user complies with safety standards
- Informing you about potential hazards at the workplace
- Taking action in unsafe situations
Claiming Damages After an Incident
In case of personal injury, you can hold both the employment agency and the end-user liable. They share joint and several liability:
- You may choose whom to file your claim against
- Often the end-user is approached, as the accident occurred there
- The parties settle among themselves who reimburses which part of the damages
Who should I file a claim with: employment agency or end-user?
You have the choice to file a claim with both parties. Usually, the end-user is approached, because the accident occurred there and evidence is often available on site. The employment agency can be involved as an additional party.What if I did not receive instructions at the start of my work?
Especially for new temporary workers, adequate supervision is crucial. The absence of instructions can be regarded as a breach of the duty of care.Can I involve my legal expenses insurance?
Yes, if you have legal expenses insurance, you can invoke it for legal assistance or reimbursement of costs. Contact your insurer for more information.Frequently Asked Questions about Personal Injury in Utrecht
What does this article cover?
This article is about personal injury claims for temporary workers. Read the content carefully for specific information about your situation.
How can I apply this information to my case?
The content provides general guidelines, but every case is different. Contact a legal expert in Utrecht for tailored advice.
Where can I find more help in Utrecht?
Visit the Juridisch Loket Utrecht at Catharijnesingel 55 or contact the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1 for more information.
How can I get legal support?
Contact a lawyer or legal aid organization in Utrecht. Many organizations offer a free initial consultation.
What rights do I have in case of personal injury?
As a victim, you are entitled to compensation for medical expenses, lost income, and immaterial damages. Prompt action strengthens your claim.
Summary
This article provides insight into personal injury for temporary workers in Utrecht. For personal advice, it is advisable to consult a legal expert.
Key Points
- Every case is different and requires specific attention
- Legal assistance is often necessary
- Prompt action can strengthen your case
- Document everything carefully
- There are many support organizations in Utrecht
- Your rights must be safeguarded