A work accident is an incident that occurs during or due to work. Employers in Rijswijk can often be held liable for the damage suffered by an employee.
Definition of a Work Accident
A work accident includes incidents that:
- Occur during working hours
- Take place at the work location
- Are related to the tasks performed
Incidents during commuting or company activities in Rijswijk may also be considered work accidents.
Employer's Liability
According to Article 7:658 of the Dutch Civil Code, the employer is responsible for damage during work tasks, unless it can prove that:
- It has fully complied with its duty of care, or
- The damage results from intent or reckless conduct by the employee
Employer's Responsibilities
An employer in Rijswijk must ensure a safe working environment:
| Category | Responsibility |
|---|---|
| Safety in the Workplace | Safe equipment and environment |
| Training | Information on hazards and safety procedures |
| Supervision | Enforcement of safety regulations |
| Protection | Provision of personal protective equipment |
| Work Pressure | Reasonable working hours and sufficient breaks |
Burden of Proof in Work Accidents
A reversed burden of proof applies in work accidents:
- The employee must demonstrate that the damage occurred during work
- The employer must prove that it has complied with its duty of care
- This facilitates the claims process for employees in Rijswijk
Steps After a Work Accident
- Inform the employer of the incident
- Seek medical assistance
- Have the accident recorded in the accident register
- Take photos of the accident location
- Collect witness statements
- In case of serious incidents: report to the Labour Inspectorate
What if I made a mistake myself?
An own mistake usually does not release the employer from liability. Only in cases of intentional or reckless conduct by the employee can the employer be exempted.Can I file a claim against my own employer?
Yes, the employer is responsible and typically has liability insurance. The insurer handles the claim, not the employer itself.What if my employer goes 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 Rijswijk
What is meant by a work accident?
A work accident is an incident during or due to work. Employers are often liable for the damages suffered.
What are the legal criteria for a work accident?
Accidents during commuting or company outings in Rijswijk may also be regarded as work accidents.
What are my rights and obligations?
Article 7:658 of the Dutch Civil Code provides that employers are liable for damage during work, unless they prove compliance with their duty of care.
What if the rules are not followed?
A safe working environment is the employer's responsibility.
What are common mistakes in work accidents?
The reversed burden of proof applies: the employer must demonstrate that it has fulfilled its obligations.
When to seek legal assistance?
It is advisable to seek legal advice in case of uncertainties about rights, conflicts with the employer, or if the handling does not seem correct. Early advice can prevent problems.
Summary
Work accidents fall under Dutch employment law. Both employers and employees in Rijswijk have clear obligations and rights. Failure to comply can have legal consequences.
Key Points
- Work accidents are regulated in the Dutch Civil Code
- Rights and obligations apply to both employer and employee
- Non-compliance can lead to legal action
- In case of doubt, legal advice via the Juridisch Loket Rijswijk is recommended
- Preventive measures and clear agreements prevent issues