An occupational accident?

Hire a personal injury lawyer! Employers must provide a safe working environment. This obligation is not always met. The result is that many occupational accidents happen. If someone is injured in an occupational accident (in Dutch: bedrijfsongeval) and there is an injury, the employer is liable for the damage that the employee incurs as a result of the accident at work.

What is a personal injury?

Damage as a result of an industrial accident is called personal injury. Personal injury consists of material damage and immaterial damage, also known as compensation. Material damage can be valued in money. This concern costs that are incurred, such as medical costs and travel costs. Other material loss items are loss of income in the event of incapacity for work, loss due to study delay, and costs for calling in household help. Grief money is compensation for pain complaints that a personal injury victim suffers as a result of an industrial accident, but it is also compensation for complaints of anxiety, grief, and unsightly scars. Calculation of smart money is not possible. Therefore, it is determined based on a guide of past lawsuits. This guide is called the pain relief guide.

What does a personal injury lawyer do?

A personal injury lawyer is a lawyer who is engaged in the recovery of personal injury claims as a result of an industrial accident, a traffic accident, or a medical error. But a personal injury lawyer is also involved in claiming damage after a dog bite, a fall over a loose sidewalk tile, and even in the event of abuse, he helps the victim to recover personal injury claims.

A personal injury lawyer holds the person responsible for the damage event liable. This is done by means of a liability claim. It states what happened, the expiry date is countered and the damage claim is stated. After recognition of liability, a personal injury lawyer (in Dutch: letselschade advocaat) draws up a damaging statement. This contains all damage that the victim suffers as a result of, for example, a traffic accident. Advance payment is also arranged immediately so that the person entitled to compensation does not have to prepay the costs incurred and damage suffered.

Negotiation is also one of the duties of the personal injury lawyer. He does this with the liable party. This person is often insured against liability, for example, an employer in an occupational accident. Negotiations therefore usually take place with the personal injury insurer.

What is an occupational accident?

An occupational accident is an accident that happens at work. It is often the result of an unsafe workplace, a broken machine, or a fall from scaffolding. But an accident at work also occurs due to a mistake made by a colleague. The employer is then also liable, as stated in the law.

An employer is not only liable for damage suffered by its employees. More and more people work as self-employed entrepreneurs for a company. They are therefore not employed by the employer. In the past, these self-employed persons were not entitled to compensation from the employer under Dutch law. If they were not insured against incapacity for work, they had to bear their own damage. This caused major problems in the event of incapacity for work.

The Dutch legislator did not think this was reasonable and therefore amended the law. Since the amendment of the law, other people who work for a company, other than salaried people, are also entitled to personal injury compensation if they are injured at work.

What to do after an occupational accident

After an occupational accident, it is important that the accident is reported. In the event of permanent injury and hospitalization, the employer must report an accident to the labor inspectorate. An investigation then follows and the labor inspector draws up a report. If the employer can be blamed for the industrial accident, a fine will be imposed.

The injury will have to be determined after an industrial accident. That is why a victim of an industrial accident should receive medical treatment. Sometimes the injury is so serious that the victim is taken to the hospital for treatment of the injury. If this is not the case, the person who suffered the industrial accident must report the accident and his or her injury to the employer himself or herself. This can be done by means of an accident form or by witness statements.

Compensation after an occupational accident

Ultimately, the person who suffered the industrial accident will receive compensation for his or her damage. In the event of incapacity for work, the employer will, according to Dutch law, have to continue to pay the salary in full for the first year. After 1 year, only 70% of the salary has to be paid. From the 3rd year on, the employer may dismiss the employee. From that moment onwards he will receive a disability benefits. The damage is described in an agreement between the injured employee and the insurer’s insurer. After signing this settlement agreement, the personal injury case comes to an end.