Can you as a temporary worker hold both the employment agency and the client company liable?

Yes, as a temporary worker in the Netherlands, you can hold both the employment agency and the client company liable for workplace accidents or injuries. This dual liability system recognises that both parties have legal responsibilities for your safety and working conditions. The law allows you to pursue compensation from either or both parties, depending on who failed in their duty of care towards you as a temporary employee.

What does dual liability mean for temporary workers in the Netherlands?

Dual liability means both your employment agency and the client company can be held legally responsible for workplace injuries or damages that occur during your temporary assignment. Under Dutch employment law, temporary workers are protected by a framework that recognises the shared responsibilities between agencies and client companies for worker safety and welfare.

This legal concept exists because temporary employment creates a triangular relationship in which responsibilities are divided between multiple parties. The employment agency maintains the formal employment contract with you, while the client company controls your day-to-day working environment and activities. Both parties have distinct legal obligations that can result in liability if breached.

The dual liability system ensures temporary workers receive the same protection as permanent employees. You can pursue claims against whichever party bears responsibility for your injury, or potentially both if they each contributed to the circumstances that caused your workplace accident. This approach prevents either party from avoiding responsibility by pointing to the other’s involvement.

When can you hold your employment agency liable for workplace injuries?

You can hold your employment agency liable when it fails to fulfil its legal obligations regarding your safety, training, or job placement. Employment agencies are responsible for providing adequate information about job risks, ensuring you have the proper qualifications for assigned work, and maintaining appropriate insurance coverage for workplace injuries.

Key circumstances where agencies bear liability include:

• Inadequate safety briefings about workplace hazards or required protective equipment
• Placing you in roles without proper training or necessary certifications
• Failing to verify the client company’s safety standards before assignment
• Not providing required personal protective equipment or safety training
• Misrepresenting job requirements or working conditions during placement

Employment agencies must also ensure they have proper insurance coverage and maintain records of safety communications. If your agency knew or should have known about dangerous working conditions but failed to warn you or provide adequate protection, it can be held liable for resulting injuries.

What responsibilities does the client company have toward temporary workers?

Client companies must treat temporary workers the same as permanent employees with regard to workplace safety, supervision, and working conditions. They are responsible for providing a safe working environment, proper equipment, adequate supervision, and ensuring temporary workers understand site-specific safety procedures and emergency protocols.

Client company obligations include providing comprehensive safety inductions that cover workplace hazards, emergency procedures, and the location of safety equipment. They must ensure temporary workers receive the same safety training as permanent staff and have access to appropriate protective equipment for their specific tasks.

Responsibility Area	Client Company Obligations
Workplace Safety	Maintain safe working conditions and identify hazards
Equipment Provision	Provide proper tools and protective equipment
Supervision	Ensure adequate oversight and guidance
Training	Deliver site-specific safety and procedural training

Client companies cannot delegate these safety responsibilities to the employment agency. They retain direct liability for workplace conditions and must ensure temporary workers can perform their duties safely without risk to health or wellbeing.

How do you prove both parties are liable in a temporary worker injury case?

Proving dual liability requires demonstrating that both the employment agency and the client company failed in their respective duties, contributing to your workplace accident. You must gather evidence showing each party’s specific failures and how these breaches directly led to your injury or damages.

Essential evidence includes your employment contract and job description from the agency, safety training records or the absence of such records, witness statements from colleagues, photographs of the accident scene and working conditions, and medical documentation of your injuries. Communication records between you, the agency, and the client company can also demonstrate awareness of safety issues.

Documentation strategies include requesting copies of safety policies from both parties, obtaining incident reports filed after your accident, and collecting evidence of previous safety violations or complaints. Expert testimony may be needed to establish industry safety standards and demonstrate how each party’s actions fell short of legal requirements.

Successfully proving dual liability often requires showing that the agency failed in its placement or training responsibilities, while the client company failed to provide safe working conditions. Professional legal guidance helps identify the strongest claims against each party and develop comprehensive evidence to support your compensation claim.

If you’ve suffered a workplace accident as a temporary worker, understanding your rights against both parties is crucial for securing full compensation. Professional legal support can help evaluate your case and determine the best approach for pursuing claims against the responsible parties. Contact experienced legal professionals who can assess your situation and guide you through the process of holding both your employment agency and the client company accountable for their failures.