As a temporary worker in Rijswijk, you are employed by an employment agency, but you work for an end-user. In the event of a workplace accident, both the agency and the end-user may be responsible.
The Triangular Relationship in Temporary Employment
In the temporary employment sector, three parties are involved:
- Employment agency: Your official employer with whom you have a contract
- End-user: The organisation where you actually perform your work
- Temporary worker: Yourself as the employee
Who Bears the Liability?
Both the end-user and the employment agency may be liable based on Article 7:658 of the Dutch Civil Code (BW):
| 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 provide temporary workers with the same protection as permanent employees:
- A safe workplace and suitable equipment
- Clear instructions and training
- Monitoring compliance with safety rules
- Providing protective equipment
Responsibilities of the Employment Agency
The employment agency also has duties:
- Verify whether the end-user complies with safety standards
- Inform you of potential hazards at the workplace
- Take action in unsafe situations
Claiming Damages after an Incident
In the event of an accident, you can hold both the employment agency and the end-user liable, as they are jointly and severally liable:
- You may choose for yourself whom to file a claim against
- Often, claims are directed at the end-user, as the incident occurred there
- The parties settle the cost allocation among themselves
Whom should I file a claim against: employment agency or end-user?
You are free to file a claim against both parties. Usually, the end-user is approached, as the accident occurred at their location and evidence is available there. The employment agency can be involved as an additional party.What if I just started and received no training?
Especially for starting temporary workers, adequate supervision is crucial. Failure to provide training is a breach of the duty of care.Can my legal expenses insurance help?
Yes, if you have legal expenses insurance, they can provide legal support or cover costs. Contact your insurer for more information.Frequently Asked Questions about Personal Injury in Rijswijk
What does this article discuss?
This article is about personal injury claims for temporary workers. Read the details to understand how it may apply to your situation.
How can I use this information for my case?
The content provides general guidelines. For tailored advice, it is advisable to consult a legal expert or lawyer in Rijswijk.
Where can I find more help?
Visit other articles on this site or contact the Juridisch Loket Rijswijk for additional support.
How can I seek help?
Contact a lawyer or the Juridisch Loket Rijswijk. Often, an initial consultation is free of charge.
What are my rights in case of injury?
As a victim, you are entitled to compensation, such as reimbursement of medical expenses, lost income, and non-material damage. Prompt action is recommended.
Summary
This article provides insight into personal injury for temporary workers. For personal advice, you can consult a lawyer or contact the Juridisch Loket Rijswijk.
Key Points
- Every personal injury case is different
- Legal assistance is often necessary
- Prompt action strengthens your claim
- Good documentation is essential
- Organisations such as the Juridisch Loket Rijswijk offer help
- Your rights must be safeguarded