Injuries at work
Work injury without a written contract: do you still have rights?
No signed contract does not automatically mean no protection. Evidence of the actual working relationship can be decisive.
Start with what actually happened at work
Were you carrying out instructions, working regular hours or being paid for shifts? Who supplied the tools and decided how the work should be done? These facts can help establish the relationship even if the paperwork is incomplete.
Preserve messages about the job, schedules, bank transfers and the names of people who worked alongside you. A business card or a single cash payment rarely tells the whole story. Explain how the arrangement developed and whether you worked for other businesses as well.
The absence of paperwork is not the end of the claim
Employment contracts can be agreed orally. However, that does not mean every informal activity is employment. Helping a friend, undertaking a genuine independent assignment and working under an employer’s authority can require different legal analysis.
If you worked through an intermediary, the agency worker guide explains why more than one organisation may need to be identified. If you ran your own business, read about self-employed contractors.
Prove the accident as well as the relationship
You still need an account of how the injury occurred during the work. Report it in writing, identify witnesses and keep medical records. Ask for any incident report and relevant instructions. A dispute about employment status should not distract from preserving time-sensitive accident evidence.
If another party proposes putting a different description of your role on paper after the accident, do not sign something inaccurate. Keep a copy and ask for advice about the consequences.
Record earnings realistically
Missed income requires evidence. Save payment histories and explain variations in hours. Do not reconstruct an ideal salary unsupported by the actual arrangement. Tax, employment and benefits issues can interact with an injury claim and should be discussed candidly with your adviser.
Injury Lawyer’s work injury service can assess the accident and the working relationship together. Lack of a written contract is a reason to investigate the facts carefully, rather than assume either that compensation is impossible or that liability is automatic.
What to keep or ask for
- Messages arranging work and giving instructions.
- Rotas, payment records and colleague contact details.
- A written account of the accident and your duties.
- Medical documents and evidence of missed earnings.
Questions you may still have
Do I need payslips before asking for help?
No. Other records may be relevant where formal payslips are missing. Bring what you have and explain the payment arrangements accurately.
Can a business call me a volunteer after the accident?
The label alone does not settle your legal position. The actual arrangement and evidence from before the accident 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.