Undocumented workers

Your rights as a worker » Right to safe work and Right to compensation after a work-related accident

Right to safe work and Right to compensation after a work-related accident

The boss must see to it that the place where you work is healthy and safe. He must give you protective clothing if your work is dangerous.
A work-related accident is when you have an accident while working or while on the way to work or back. If you can prove that you had a work-related accident, the insurance will pay all your medical costs. You will also receive benefit pay for the time you cannot work because of the accident. If you can never work again because of the accident, you may have a right to a permanent benefit.

Even if the accident was your own fault (because you were not careful for instance), you still have a right to the benefit. But if you intentionally cause an accident, you lose this right!

What happens in case of an industrial accident?

In Belgium bosses are obliged to have accident insurance. This must also cover undocumented workers. There is a special government office that watches over this. It is called the Industrial Accidents Fund. If your boss has no insurance, the Industrial Accidents Fund can pay the costs after a work-related accident. It will then send the bill to your boss.

A work-related accident must be reported to the insurance company by your employer within 8 days.
If your boss does not do this, you can do it yourself. You should do this as quickly as possible, and certainly within 3 years.
When you report an accident, you have to be able to prove that you had an accident while you were working for your boss. Collect the evidence you need before anything happens!
If you do not know your boss’s insurance company, you can report the accident to the Industrial Accidents Fund.