Change to the law on work accidents: accidents involving temporary workers included in the calculation of aggravated risks

Every company in Belgium is required to hold insurance cover against work accidents involving its personnel. This requirement has applied since the introduction of the Law on work accidents on 10 April 1971. Businesses are also responsible for conducting an appropriate safety policy so as to ensure that employees are optimally protected against accidents during the performance of their work and while travelling between home and work. Such a policy might include training, safety clothing or signage, for example. To encourage accident prevention efforts, the government introduced the concept of the disproportionately aggravated risk in the Law of 13 July 2006 on various provisions relating to occupational diseases and work accidents.

The term ‘aggravated risk’ is used if a company’s risk index* exceeds a certain level over a period of three years. This result is compared with the industry and national averages. The risk index is calculated on the basis of the frequency of work accidents and the duration of temporary disability relative to employment in full-time equivalents (FTEs).

*The risk indexes of the different industries can be found on the website of Fedris (the Federal Agency for Occupational Risks).

Companies that deviate significantly from the industry and national averages are notified annually via Fedris, and have to pay a fixed contribution to their work accident insurer, based on the number of employees (FTEs). The insurer uses this contribution to analyse the risk and develop a proposal for a three-year action plan containing specific measures. The implementation of this action plan is monitored by Fedris and the insurer.

Companies employing temporary workers are responsible for the safety of all permanent employees and temporary workers. What is new is that since 16 March 2024, work accidents involving temporary workers employed in a company have been included in the calculation of the risk index. Previously, the calculation was based solely on permanent employees’ work accidents. The new method provides a more complete picture of the situation at a company. The fact that temporary workers are now also a factor in your risk index provides an additional reason for every company to give careful thought to safety.