As a self-employed individual without personnel (ZZP'er) in Utrecht, you have no employer who is responsible in the event of an accident. Nevertheless, there are ways to obtain compensation, depending on the circumstances.
The Legal Position of a ZZP'er
As a ZZP'er, you do not fall under the standard protection of Article 7:658 of the Dutch Civil Code (BW), which protects employees. This means:
- No automatic burden of proof distribution in your favour
- No direct liability of the principal
- Greater personal responsibility for your own safety
Possible Liability of the Principal
According to Article 7:658 paragraph 4 BW, a principal may nevertheless be liable in certain cases:
- If your work is comparable to that of an employee
- If the accident occurs within the principal's work environment
- In that case, the principal may be held responsible in a similar manner
In Which Situations Can a ZZP'er Claim Damages?
| Circumstance | Responsible Party |
|---|---|
| Accident due to unsafe working conditions at principal | Principal (Article 7:658 paragraph 4 BW) |
| Accident caused by a third party | That third party (tort) |
| Traffic accident during work | The party causing the accident |
| Own fault as ZZP'er | Own insurance or reserves |
Importance of Insurance for ZZP'ers
It is crucial for ZZP'ers in Utrecht to be properly insured:
- AOV: Disability insurance for loss of income in case of disability
- Accident insurance: Financial support in case of disability or death
- AVB: Professional liability insurance for damage you cause to others
Burden of Proof as a ZZP'er
As a self-employed individual, you must prove yourself:
- That the principal was negligent in its duty of care
- That this negligence led to your accident
- What financial and personal damage you have suffered
Do I as a ZZP'er fall under employer liability?
That may be the case. If you regularly work for the same principal, operate within their organisation and perform tasks comparable to those of employees, Article 7:658 paragraph 4 BW may apply.What happens if I have no insurance?
In case of your own fault or an accident without a liable party, you are dependent on social provisions such as welfare or your own savings. Therefore, taking out an AOV is strongly recommended.Can I as a ZZP'er claim damages for an occupational disease?
Generally not from a principal, unless your situation strongly resembles that of an employee. In other cases, you are reliant on your own insurances.Frequently Asked Questions about Personal Injury in Utrecht
What does this article cover?
This article is about the possibilities for personal injury compensation for ZZP'ers. Read the content carefully for specific details about your case.
How can I apply this information to my situation?
The guidelines in this article are general. For tailored advice, it is best to consult a legal expert in Utrecht.
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 assistance?
Contact a lawyer or the Juridisch Loket in Utrecht. Many organisations offer a free initial consultation.
What are my rights in case of injury?
As a victim, you are entitled to compensation for medical costs, lost income and non-material damage (pain and suffering). Prompt action strengthens your case.
Summary
This article provides insight into personal injury claims for ZZP'ers. For personal advice, it is wise to approach a legal advisor in Utrecht.
Key Points
- Every personal injury case is different
- Professional legal advice is indispensable
- Prompt action is crucial for success
- Good documentation strengthens your claim
- In Utrecht, there are multiple support organisations
- Your rights must be safeguarded