Occupational accident insurance: mandatory for every employer

Your technician slips on a wet warehouse floor. Broken wrist. Six weeks off work. And you, the employer? You're left with the questions. Who pays for this? Am I insured? Should I have arranged something?

The short answer: yes, you should have. Every employer in Belgium is legally required to take out occupational accident insurance. No exceptions. No grey area. Not even for that one student worker who works just two Saturdays a month.

In this article, you'll find out exactly what occupational accident insurance covers, how to declare an occupational accident correctly, what it costs and, perhaps most importantly, what happens if you're not insured. Concrete figures, clear steps and the pitfalls we come across most often in practice.

What does the law say?

The Occupational Accidents Act of 10 April 1971 requires every employer in the private sector to take out occupational accident insurance with an approved Belgian insurer. No choice. No option. It's a legal obligation that applies from the very first day you hire someone.

This is where it gets legal. Not boring-legal, but important.

The law makes no distinction between full-time and part-time employees. Whether it's a permanent employee, a flexi-jobber, a student worker or a temp worker, everyone must be covered. For temporary agency work, the temp agency is responsible for the insurance, but if you hire staff directly, it's your responsibility.

Want to know more about your obligations when hiring your first employee? Read our article on registering your first employee.

In short: no staff without occupational accident insurance. Full stop.

Who must take out this insurance?

Every employer in the private sector. That sounds simple, but reality is more nuanced.

You're required to if you:

• Employ full-time or part-time workers
• Employ student workers (even if they aren't subject to NSSO, the National Social Security Office)
• Use flexi-jobbers
• Hire domestic staff
• Employ seasonal workers

You're not required to if you:

• Only work with self-employed subcontractors (they must take out their own guaranteed income insurance or accident insurance)
• Work with temp workers through a temp agency (the agency is then the legal employer and therefore responsible)

That last point matters. With temporary agency work in Belgium, the temp agency carries the insurance obligation. But as soon as you hire the same person directly, that responsibility shifts to you.

In our experience with thousands of temporary workers, this is a common stumbling block. Employers who switch from temporary agency work to direct employment sometimes forget that they now have to take out occupational accident insurance themselves.

What does the insurance actually cover?

The insurance covers two types of accidents: occupational accidents in the workplace and commuting accidents. But what exactly counts as an occupational accident?

Accidents in the workplace

An accident is recognised as an occupational accident if it meets four conditions:

• A sudden event (a fall, a cut, a blow)
• That causes an injury
• During the performance of the employment contract
• Due to an external cause (something outside the victim's body)

A heart attack at work can therefore also be recognised as an occupational accident, provided there is a sudden event at its root. The burden of proof lies with the employee, but in practice a presumption applies: if the accident happens during and because of the performance of the employment contract, the presumption of an occupational accident is accepted.

Commuting accidents

The journey from home to work and back is also covered. These are known as commuting accidents. The normal route is covered, including reasonable detours (dropping children at daycare, filling up at the nearest petrol station).

But a twenty-kilometre detour to go shopping? That's not covered.

What is compensated?

The compensation is set by law:

• Medical costs: all costs for medical care, prostheses and travel expenses to hospital
• Temporary incapacity for work: 90% of the average daily wage from the day after the accident
• Permanent incapacity for work: an annual allowance based on the base salary and the degree of incapacity (100% of the base salary multiplied by the incapacity percentage)
• Death: funeral costs and an annuity for the surviving dependants

Note: for the day of the accident itself, the employer pays the normal wage. The occupational accident insurance only takes over from the day after.

After more than 15 years in Belgian payroll, we know exactly how confusing those first days after an occupational accident can be. Who pays what? From when? It's one of the most common questions our HR experts get.

How to declare an occupational accident

This is the crux for many employers. An occupational accident is stressful enough. But you also have to file a declaration within the right deadline.

Deadline: eight calendar days

As an employer, you must report the occupational accident to your insurer within eight calendar days of the day of the accident. Not working days: calendar days. That period starts running the day after the accident.

Too late? You can still declare the accident (up to the three-year limitation period), but you do risk a penalty from your insurer.

The declaration itself

The declaration of an occupational accident is submitted electronically via an ASR scenario 1 (Aangifte Sociaal Risico, social risk declaration). In practice, this means:

1. The employee reports the accident to you as the employer, ideally with a medical certificate
2. You file the declaration via your social secretariat or payroll software
3. The insurer receives the declaration and starts the procedure
4. Fedris checks that everything is handled correctly

The medical certificate from the treating doctor is crucial. Without that document, the insurer cannot process the declaration.

You can file the declaration yourself, or have your social secretariat or payroll partner handle it. With Recruit, this happens automatically through the platform: you enter the basic details and we take care of the correct electronic declaration with your insurer.

More about the social documents you must keep as an employer? Check out our guide on social documents for employers.

In the event of a fatal accident

The procedure is different and more urgent. You must immediately notify the Supervision of Well-being at Work inspectorate (Toezicht op het Welzijn op het Werk). This is mandatory. You must also declare the accident to your insurer, and Fedris is informed automatically.

What does the insurance cost?

The honest truth? It depends on your situation. The premium for occupational accident insurance is calculated as a percentage of your total payroll. But that percentage varies widely.

What determines the premium

Five factors play a role:

• Your sector's risk: a construction company pays more than an accountancy firm. Logical: the chance of an occupational accident is higher on a building site than behind a desk.
• The type of workers: blue-collar workers statistically have a higher accident risk than white-collar workers. So the premium for blue-collar workers is higher.
• Your payroll: the higher the total gross salary of all your workers, the higher the premium in absolute terms.
• Your claims history: few or no occupational accidents in the past? Insurers reward you with a lower premium. Many accidents? Your premium rises.
• The chosen insurer: insurers are free to set their premiums. Comparing pays off.

Indicative premium rates (2026)

As a guide, premiums range from:

• Office and administrative work: 0.3% to 1% of payroll
• Light industry and services: 1% to 2.5%
• Construction and heavy industry: 3% to 8% or more

Say you have five white-collar workers with a total annual payroll of 200,000 euros and your premium rate is 0.5%. You'd then pay roughly 1,000 euros a year for your occupational accident insurance. For a construction company with the same payroll but a 5% premium, that's already 10,000 euros.

Want a clearer view of your total labour costs, including insurance? Our article on calculating labour cost will help you on your way.

What if you have no insurance?

Let's not beat around the bush: being uninsured is an expensive gamble. And it's illegal.

Automatic affiliation with Fedris

Fedris (the Federal agency for occupational risks) uses NSSO declarations to check whether employers are insured. If they find you have no insurance? You're affiliated automatically. That's not a service: it's a penalty.

The contribution for automatic affiliation is a fine, not a premium. It's calculated per worker per calendar month that you were uninsured. The longer you go uninsured, the higher the amount. The contributions can range from around 90 euros (for up to three months without insurance) to more than 210 euros per person per month (for more than twelve months). These amounts are indexed regularly.

Criminal penalties

On top of automatic affiliation, you risk a level 3 criminal fine under the Social Criminal Code. Specifically: 400 to 8,000 euros per uninsured worker. With five uninsured workers, that can run up to 40,000 euros.

And if an accident happens?

Fedris compensates the victim but recovers all the costs from you as the uninsured employer. For a serious accident with permanent disability, you're quickly talking about tens of thousands of euros in compensation. For a fatal accident, even more.

We regularly see small employers think "it won't happen to me". But an occupational accident is, by definition, unexpected. The cost of insurance is a fraction of what you risk without it.

Temp workers: who's responsible?

This regularly causes confusion. In temporary agency work there are two employers: the legal employer (the temp agency) and the actual employer (the user, that is, you).

Responsibilities are split as follows:

The temp agency is responsible for the occupational accident insurance. They take out the policy and pay the premium. The declaration of an occupational accident also goes through the temp agency.

But you, as the user, are responsible for safety on the work floor. You must inform the temp worker about the risks, provide the right protective equipment and ensure that the safety rules are followed.

With payrolling, it works similarly. The payroll partner is the legal employer and therefore also carries the insurance obligation. With Recruit, every worker paid through our platform is automatically covered by occupational accident insurance. That's one of those things you don't have to arrange yourself.

How to choose the right insurance

Honestly? The legal cover is identical with every insurer, since it's set by law. The difference lies in the additional guarantees and the price.

Statutory cover vs additional guarantees

The basic cover pays out according to the statutory rates. But those rates don't always cover the full actual costs. A few examples:

• Medical costs are reimbursed at the RIZIV rate (statutory health insurance rate). If your employee sees a doctor who charges supplements, the difference is at their own expense, unless you have additional cover.
• The base salary used to calculate the compensation is capped by law. For workers on a high salary, the basic insurance may not cover the full loss of income.
• Psychological support after a serious accident is not included as standard in the basic cover.

Tips for comparing

• Request quotes from at least two or more insurers
• Don't just look at the premium, but also at the deductible and the additional guarantees
• Check that commuting accidents are fully covered
• Ask about the declaration procedure: how fast and how digital is it?
• Ask about prevention programmes: some insurers offer support with safety policy

Prevention: better safe than sorry

The rules may differ by Joint Committee and sector, but the basic principles of prevention are universal.

A good prevention policy not only means fewer accidents (and therefore a lower premium), it's also legally required under the well-being legislation. Every employer must carry out a risk analysis and draw up a global prevention plan.

Concrete steps you can take as early as tomorrow:

• Make sure every worker receives safety instructions when hired
• Keep your work equipment in good condition
• Record every incident, even without injury (those near-misses are valuable signals)
• Review your prevention policy every year
• Involve your workers in the safety policy

Many of the employers we support find that paying structural attention to prevention not only lowers the premium but also reduces absenteeism. It's an investment that pays for itself.

Frequently asked questions

Is occupational accident insurance also mandatory for student workers? Yes. Even if the student worker isn't subject to NSSO (below 600 hours a year), you as the employer must take out occupational accident insurance. No exceptions.

What if my employee has an accident on the way to work? That's a commuting accident and falls under the cover of your occupational accident insurance. The normal route between home and workplace is covered, including reasonable detours.

How long do I have to declare an occupational accident? Eight calendar days after the day of the accident. Sooner is better. The declaration is submitted electronically via an ASR scenario 1.

Can I deduct occupational accident insurance for tax purposes? Yes. The premium for occupational accident insurance is a business expense and therefore tax-deductible.

What's the difference between Fedris and an insurer? Fedris (the Federal agency for occupational risks) is the public body that oversees the occupational accidents system. Your insurer is the private company with which you take out the policy. Fedris steps in if you're not insured, but then recovers those costs from you.

In short

Occupational accident insurance isn't optional. It's a legal obligation for every employer with staff in Belgium, based on the Occupational Accidents Act of 1971. It covers occupational accidents and commuting accidents, reimburses medical costs and loss of income, and protects both your employee and you as the employer against financial risks.

The cost depends on your sector, your payroll and your claims history. Being uninsured costs you more either way: automatic affiliation with Fedris, fines of up to 8,000 euros per worker, and if an accident happens, you personally foot the bill for all costs.

Make sure your insurance is in order before your first employee starts. And if an accident happens: report it within eight days.

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How Recruit helps you with this

Would you rather focus on your core business than on payroll admin? That's what Recruit is for.

With Recruit:

• Contracts in under 60 seconds: create trial and temp contracts without hassle
• Automatic wage calculation: correct pay in line with current legislation and your Joint Committee
• Dimona and social documents: we handle all declarations (Dimona is the immediate employment declaration), you focus on your business
• 24/7 personal support: always a dedicated contact who knows your business
• No fixed monthly costs: pay only for what you use

Try Recruit or contact our HR experts for tailored advice.

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The information in this article is purely informative and does not replace professional legal or accounting advice. Labour legislation changes regularly. Always consult the current legislation or contact an HR expert for advice tailored to your situation. Note: the rules may differ by Joint Committee and sector.