As a self-employed professional without personnel (ZZP'er) in Rijswijk, you have no employer who is responsible in the event of an accident. Fortunately, there are options to recover your damages, 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
- No direct liability of the client
- A greater own responsibility for your safety
Possible liability of the client
According to Article 7:658 paragraph 4 BW, a client may nevertheless be liable in certain cases:
- If your work is comparable to that of permanent employees
- If the accident occurs within the client's work environment
- In that case, the client can 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 client | Client (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 policies |
Importance of insurance for ZZP'ers
It is crucial for ZZP'ers in Rijswijk to be properly insured:
- AOV: Disability insurance for loss of income in case of incapacity
- Accident insurance: A payout in case of permanent disability or death
- AVB: Professional liability insurance for damage caused to others
Burden of proof in personal injury cases
As a ZZP'er, you must prove yourself:
- That the client was negligent in its duty of care
- That this negligence led to your accident
- What financial and personal damage you have suffered
Does a ZZP'er fall under employer liability?
This may be the case. If you regularly work for one client, within its business structure, and perform comparable work to employees, Article 7:658 paragraph 4 BW may apply.What if I have no insurance?
In case of your own fault or a single-vehicle accident, you are then reliant on social provisions such as welfare or your own savings. It is advisable for a ZZP'er to take out an AOV.Can a ZZP'er claim an occupational disease?
Generally not from a client, unless your situation is comparable to that of an employee. In other cases, you are dependent on your own insurance.Frequently asked questions about personal injury in Rijswijk
What does this article cover?
This article is about personal injury compensation for ZZP'ers. Read the content carefully for specific information about your case.
How can I apply this information to my situation?
The content provides general guidelines, but every case is different. Contact a legal advisor in Rijswijk for tailored advice.
Where can I find more help in Rijswijk?
Consult other articles on this platform or contact the Juridisch Loket Rijswijk for support.
How can I engage legal assistance?
Contact a lawyer or the Juridisch Loket Rijswijk. Many organizations offer a free initial consultation.
What are my rights in case of injury?
If someone is liable, you are entitled to compensation for medical costs, lost income, and immaterial damage. Acting quickly strengthens your case.
Summary
This article provides insight into personal injury for ZZP'ers. For personal advice, you can contact a lawyer or the Juridisch Loket Rijswijk.
Key points
- Every personal injury case is different
- Legal assistance is often necessary
- Quick action strengthens your position
- Document everything carefully
- In Rijswijk, there are multiple support options
- Protect your rights as a ZZP'er