Injuries at work
Injured as a self-employed contractor: can the client be liable?
A zzp label does not answer every workplace liability question. Understand why the nature of the assignment and control over safety matter.
Avoid assumptions based on the invoice alone
Working as a zzp’er usually means you invoice for your services, but the legal assessment is not limited to that label. What work did you perform for the business? Who controlled the location and equipment? To what extent did your safety depend on the business for which you worked?
Under certain circumstances, the protection in Article 7:658 of the Dutch Civil Code can extend beyond employees. The Supreme Court has considered this in the context of contractors. It does not mean that every independent professional injured at a client’s premises has an automatic claim.
Identify the possible legal routes
A safety failure by the client, negligent conduct by another contractor or a defective machine may raise different grounds of liability. Preserve evidence before deciding which label fits. If your contractual status is disputed, also read about informal working relationships.
Insurance is a separate question. Your disability, accident or liability policy may cover different risks, and benefits may interact with the claim. Report the event where required, but do not assume that your own insurer replaces an investigation of the responsible party.
Show the business impact with records
Gross cancelled invoices are not necessarily the recoverable loss. Some work can be postponed, some costs may be saved and replacement labour may reduce the damage. The guide to self-employed income loss explains how to document these differences.
Keep records of realistic enquiries and confirmed jobs lost because of the injury. A new business may need different evidence from an established one. Be transparent about seasonal fluctuations and other reasons turnover changed.
Obtain advice before accepting a narrow payment
A client may offer to pay the first medical bill or a few missed days. Clarify whether it is an interim payment or a final settlement, and whether liability is acknowledged. A quick payment should not accidentally release a substantial future claim.
Our work injury support can assess the assignment, accident and financial consequences together.
What to keep or ask for
- Assignment contract, invoices and work instructions.
- Evidence of who controlled the premises and equipment.
- Insurance policies and incident reports.
- Business accounts, lost work and replacement labour costs.
Questions you may still have
Does a liability exclusion in my contract end the claim?
Not necessarily. Its effect depends on the applicable legal protection and the wording and circumstances. Have the clause assessed rather than assuming it is either decisive or irrelevant.
What if I supplied my own tools?
That is a relevant fact but not always conclusive. The wider circumstances, work activities and responsibility for safety still need to be considered.
Sources and legal context
General information about Dutch personal injury claims. Some source material is in Dutch. Your circumstances may require a different assessment.
This guide explains general principles. It is not a decision on liability or the value of an individual claim.