Workplace accident: an effective action plan for employers

Following a workplace accident, one fixed sequence applies to the employer: first medical assistance, then reporting to the Dutch Labour Inspectorate (in the event of hospitalization, permanent or fatal injury), subsequently investigating the situation, engaging the insurer, and assessing liability. Due to the statutory duty of care, the employer is liable in most cases for injury at work, unless they demonstrate that they did everything possible to prevent the accident or that the employee acted with intent or conscious recklessness. Below, you will find a step-by-step guide on how to act appropriately.

What is a workplace accident?

A workplace accident is an incident at work in which someone sustains injury. This can be a permanent employee, but also a temporary worker, intern, volunteer, or hired freelancer. The situations vary widely: a fall from a ladder, an accident involving machinery, a traffic accident during working hours, or injury caused by exposure to hazardous substances.

The concept is broad: accidents that occur partly outside the company premises can also fall under the employer's responsibility if there is a clear link to the work.

Step-by-step plan: what must you do immediately as an employer?

1. Get medical help first

The most important thing is immediate and adequate medical care for the victim. Ensure that you have an emergency plan ready: contact details for emergency services, an accessible company emergency response officer (BHV), and access to a first aid kit. No administrative or legal step takes precedence over the health of your employee.

2. Report serious accidents to the Labour Inspectorate

You must report an accident resulting in hospitalization, permanent injury, or a fatal outcome to the Netherlands Labour Inspectorate. In the event of a fatal accident, call immediately; the Labour Inspectorate is available by telephone 24/7 for this purpose. Please note that you must leave the accident site as undisturbed as possible so that the inspector can conduct their own investigation. Failure to report (in a timely manner) can result in a fine.

3. Investigate the accident and document it

Conduct your own investigation into what happened and how it occurred. Prepare a detailed report, keep photos and witness statements, and share a copy with the employee involved. Based on your findings, draw up an improvement plan to prevent recurrence. In the case of very serious accidents, a criminal investigation may also follow, led by the Public Prosecution Service.

4. Contact your insurer

Report the accident to your insurer as soon as possible. Most employers are insured for these types of situations through liability insurance (and often additional employer liability coverage). The insurer will indicate which steps you should and should not take yourself — for example, do not admit liability on your own initiative before this has been agreed upon.

When is the employer liable?

The core is the statutory duty of care: the employer must ensure a safe working environment, safe machinery, proper instructions, and supervision. If an employee sustains an injury nonetheless, the employer is in principle liable, unless he can demonstrate that he has fulfilled his duty of care. That burden of proof therefore rests heavily with the employer.

Liability is absent only in exceptional cases, particularly in instances of intent or conscious recklessness on the part of the employee. That bar is set high: even if an employee was under the influence , the employer often remains liable. The employee can then claim damages for personal injury from the employer.

What damages can an employee claim?

• Medical costs not reimbursed by the health insurer.
• Loss of income due to (temporary or permanent) incapacity for work.
• Compensation for pain, suffering, and loss of enjoyment of life.
• Other costs such as domestic help, adaptations, or travel expenses.

The amount depends on the severity of the injury and the consequences. In practice, these amounts often lead to disputes, including with the insurer.

How do you prevent a workplace accident?

• Maintain an up-to-date Risk Inventory and Evaluation (RI&E) with an action plan.
• Give employees clear work instructions and monitor compliance.
• Maintain machines and tools and make personal protective equipment available.
• Ensure there are sufficient trained emergency response personnel and an up-to-date emergency plan.
• Document safety measures and instructions — this also serves as proof that you have fulfilled your duty of care.

Frequently asked questions about workplace accidents

Do I have to report every workplace accident to the Labour Inspectorate?

No. Accidents resulting in hospitalization, permanent injury, or death are subject to a report. You do not need to report a minor injury without these consequences to the Labour Inspectorate, but do record it internally and report it to your insurer where necessary.

Am I also liable for injury to a temporary worker or self-employed person?

Often, yes. The duty of care applies not only to your own employees but also to others performing work under your responsibility, such as temporary agency workers and, in certain cases, hired self-employed professionals. In principle, the same safety obligations apply to them.

What if the employee was careless himself?

Personal carelessness usually does not absolve oneself of liability. The legislator takes into account that employees are not always equally attentive in their daily routine. Only in cases of intent or conscious recklessness — a severe exception — can the employer escape liability.

Legal assistance for a workplace accident

A workplace accident is a serious matter that must be handled quickly and carefully. Whether it concerns assessing or rejecting liability, settling a claim, or a dispute with the insurer: seek timely advice. The legal experts at MKB Juristen assist employers in all these steps. View our expertise in employment law and liability & damages, or schedule a no-obligation intake directly.