Where is liability in an accident while working black?

You have had an accident while working black. For example, you were injured while you were cleaning black. Chances are, you are worried about who will compensate you for the injury. After all, you are not registered as an employee with your employer’s company. Yet even in this complex situation, liability for the accident almost always lies with the employer.

Your employer is responsible for the health and safety of all workers in the company. This includes employees who work undeclared. Despite not being employed on paper, your employer directs and pays you for your work. As a result, you do fall under the definition of employee. In addition, an employer can almost always be held liable for accidents at work, as the duty of care is very strict. Even if the accident was caused by one of your colleagues, liability for the accident usually lies with your employer.

Has your employer indicated that you are not entitled to compensation? Logically, your employer does not want to get into trouble. Yet in most cases, this is not justified. You are often indeed entitled to compensation for your personal injury.

Liability for an accident during undeclared work is almost always on the employer.

Consequences of undeclared work employer

Dutch law is clear about undeclared work: it is prohibited. Allowing employees to work undeclared is therefore not without possible consequences for the employer. Your employer does not pay taxes and contributions for you. This falls under tax fraud. If discovered by the Inland Revenue, your employer will still have to pay the taxes and contributions. In addition, your employer will face a hefty fine and sometimes even a criminal record.

How do you prove your employment?

An accident while working undeclared will often not be readily admitted by your employer. For example, your employer may be afraid of the financial consequences or think you are not entitled to compensation anyway. You now know that you are. However, it is important that you can prove that you worked for your employer. You can prove this, for example, by:

  • asking witnesses to testify, such as colleagues or customers of your employer;
  • show bank statements if your black wages did get paid into your account.

You can also ask for a statement from your employer. This is often difficult only because your employer then declares in black and white that you worked there in the black.

Evidence accident

In addition, try to collect evidence of the accident. We always advise people to take photos of the accident scene, injuries and other damage just after an accident. Sometimes cameras may also be pointed at the accident scene. You can then also use these for your personal injury case. Just like witnesses, which is also an important form of evidence.

Leave proving liability in undeclared work to legal expert

When you suffer personal injury due to undeclared work, you may feel trapped. You now know that liability for an accident during undeclared work lies with your employer. You are therefore entitled to full compensation for your damages. If your employer is not insured for this, it is also a risk your employer has taken voluntarily. By the way, your black income will also be compensated if you suffer personal injury due to another accident.

We advise you to always seek the help of an experienced lawyer. An experienced lawyer:

  • conducts discussions for you with your employer’s insurer
  • can accurately calculate your lost income and other damages so that you receive the maximum compensation
  • takes care of everything for you so that you can recover from your injuries peacefully

With us, you will be assigned a personal lawyer. Your personal lawyer does not judge you and acknowledges your suffering. After all, this is about what you experienced and are experiencing because of the accident. Our out-of-court costs should also be reimbursed by your employer. Engage us today. Leave your name and phone number on the contact form. Tell us your story. We will call you back the same working day.

Personal injury lawyer Rogier de Kock at work at one of our offices, the head office in Amsterdam.