You initiate urgent proceedings in relation to the accident at work and/or the occupational illness by writing to the sub-district court. The letter is known as an application. You are the applicant.

Content of the application

The application should always contain the following:

• your first names, surname, address and place of residence or place of establishment
• name, address and place of residence or place of establishment of the other party/parties
• the nature and likely amount of the compensation claimed
• which issue you are referring to the court
• an overview of the content and progress of negotiations
• name, address and telephone number of any lawyer or other authorised representative

It is advisable to also state why the court’s decision can help the parties to reach a settlement. If you have previously initiated partial dispute proceedings in the same case, please attach these procedural documents and the decision. You can also indicate the dates on which you and the other party cannot attend the hearing. You date and sign the application. If you are employing the services of a lawyer, then he/she will do this.

Supporting documents

Make copies of any supporting documents to support your case. Number these and attach them. For example, letters relating to the accident at work and/or occupational illness or your employment contract. You can also ask witnesses to write down their account (witness statement).

Submit an application relating to an accident at work and/or occupational illness

Send three copies of the application relating to the accident at work and/or occupational illness, together with annexes, to the court (sub-district team, registry department). You can also hand the documents in at the central desk of the court.

Which court?

Select the court that covers the area where the defendant (the opposing party) has their place of residence or place of establishment or the place where the work usually took place.
Jurisdictions of district courts - in Dutch

Both parties will receive an invitation to the oral proceedings (hearing). The invitation will state when (date) and where (location) the hearing on the accident at work and/or occupational illness will take place. Alongside the invitation, the other party will receive a copy of the application, together with annexes.

Alternative date

Should the date not be convenient, you can contact the court registry. You will find information on this in the letter.

Are you – as an employer or employee – the other party? Have you been invited to the hearing and do you have a copy of the application, together with the annexes? If you disagree with what is stated in the application, you can counter this by submitting a statement of defence. In this case, you are the defendant. There is no obligation to respond in writing. You can also submit your response verbally, during the hearing.

Content of the statement of defence

The statement of defence should always contain the following:

• your first names, surname, address and place of residence or place of establishment
• your response to the application, with arguments

Date and sign the statement of defence.

Own application

You can also include your own application in the statement of defence. This counter-application must, however, be related to the request in the application.

Supporting documents

Make copies of the documents to which you refer in the statement of defence, number them and attach them. For example correspondence relating to the accident at work and/or occupational illness, the employment contract or written witness statements.

Send statement of defence

Send three copies of the statement of defence, together with annexes, to the court (sub-district team, court registry). This must be at least 5 days before the hearing. The address can be found in the invitation to the hearing. You can also hand the documents in at the central desk of the court.

You are not obliged to come to the hearing, but it is recommended. If you do not attend, this may result in the court ruling against you.

Opinion

If you do come, you will have the opportunity to give your opinion. The applicant is given the opportunity to speak first in the employment law proceedings. The applicant will explain the application. Then the opposing party (defendant) will give their response. Then both parties will be given another chance to speak. The judge will also ask questions.

Power of attorney

Are you being represented at the hearing by a lawyer, another legal adviser or someone else who is aware of the case? Please provide them with a written power of attorney.

Public

This is a public hearing. This means that anyone can attend the hearing.

Attending a hearing

Witnesses

No witnesses are heard at this hearing. You are permitted to bring colleagues or other persons involved, but they are attendees rather than witnesses.

Conflict resolution

At the hearing, the judge will hold discussions with both parties to find the most appropriate solution to this situation: mediation, settlement or court ruling.

Settlement

The judge may issue a preliminary ruling on the case. They will explain their view on the case. They will then often give the parties the opportunity to find a solution together (settlement). If both parties agree to this, then the judge will interrupt the hearing. You will work together to try to come to an agreement in relation to the accident at work and/or occupational illness outside of the courtroom (‘out of court’).

You will then return to the courtroom at the agreed time. If you have managed to come to an agreement together, then this settlement will be recorded in an official report. This will be signed by both parties. A copy of the official report will be sent to your home address. The settlement is a binding agreement. The employer and employee must both honour this agreement.

Out-of-court mediation

Judicial proceedings focus on the legal aspects of a conflict and often deal solely with the past. Mediation means that you and the other party/parties seek a forward-looking solution to all aspects of the dispute. Sometimes mediation is quicker and cheaper than legal proceedings. The court will therefore see if your case lends itself to mediation. You also have the option of indicating that you wish to follow the mediation route.
Out-of-court mediation - in Dutch

No ruling

Employment proceedings end without a ruling:

• if the applicant withdraws the proceedings
• if you reach an agreement through mediation
• when you reach a settlement

If you have reached an agreement, the court may also record the agreements reached in a ruling.

Ruling

At the end of the hearing, the court states when the ruling will follow (order). This is usually within 6 weeks of the hearing, or as early as possible. The order will be sent to you. If you have a lawyer or authorised representative, he or she will receive the order.

Findings

The order will contain the sub-district court’s findings on the partial dispute and how it came to that decision.

Pay the injured party’s costs

The court may decide that the responsible party must pay the (reasonable) costs incurred by the injured party. These are, for example, court fees and the costs of a lawyer. The court determines the amount of the costs.
Costs of legal proceedings (in Dutch)

Do you disagree with the ruling?

Do you disagree with the court’s ruling in relation to the partial dispute? You cannot appeal against this. However, you may refer the question of liability and the extent of the damages to the court in proceedings on the merits of the case. If you have an urgent interest, you may refer your case to the court for interim relief.
Proceedings on the merits of the case before the sub-district court - in Dutch
Application for interim relief before the sub-district court - in Dutch