Personal injury due to an industrial accident?

Your employer is almost always liable!

What to do in case of an industrial accident?

In the Netherlands, an employer is almost always liable for personal injury resulting from a workplace accident. Every year, approximately 220,000 employees, temporary workers, and self-employed professionals suffer personal injury due to a workplace accident.

Fortunately, your injuries completely within a short time, but sometimes they won't. In either case, you may face additional costs, reduced income , and a loss of enjoyment of life. In that case, you may be eligible for compensation for your personal injury and non-pecuniary damages.

However, to be entitled to compensation for pain and suffering and personal injury resulting from a workplace accident, you will have to hold your employer, client, or employment agency liable. There's no way around that.

Many people do not want that or feel uncomfortable with it. And those are understandable thoughts. After all, no one wants “hassle” or arguments with their employer, client, or temp agency. Certainly not in the current economic climate.

But sometimes you simply can't avoid holding your employer or client liable. Simply because otherwise, you'd be left with the personal injury. And many people simply can't afford to incur additional costs or lose income, no matter how much they might want to do that for their employer.

Our firm has unparalleled experience with personal injury claims resulting from workplace accidents. We will help recover your personal injury damages without unnecessarily straining your relationship with your employer, client, or employment agency. And it costs you nothing!

Definition of industrial accident

There's no real "hard" definition of personal injury from a workplace accident. If you've had an accident at work or during your work and sustain injuries, it's usually called a workplace accident.

Injuries often result from industrial accidents due to a broken machine, an unsafe working situation or a lack of safety instructions.

According to the Working Conditions Act, personal injury due to a workplace accident can be defined as: "an event at work or during working hours that immediately leads to damage to your health." Personal injury due to a workplace accident can occur due to accidents:

in a company
on a construction site
in another location
in an institution and
while working on the road.

Personal injury that occurs during commuting or through the use of a company car can also be considered a workplace accident.

Employer almost always liable for industrial accidents

If you've suffered personal injury due to a workplace accident, your employer is almost always liable, even if your employer is "practically" or, in your opinion, not at fault.

This is a purely theoretical assessment of liability for personal injury resulting from a workplace accident, while everyone knows that things are very different in daily work practice.

Your employer is, according to the law – so purely theoretically – almost always liable for personal injury caused by a workplace accident, unless he proves that:

your workplace is safe
sufficient safety measures have been taken at your workplace
there are sufficient safety equipment available at your workplace
adequate safety instructions have been given repeatedly
sufficient account is taken of the fact that these safety instructions are not always (fully) complied with
sufficient checks on compliance with the safety instructions have taken place
if possible, sufficient insurance has been taken out for you as an employee or
your personal injury from the industrial accident was caused solely and exclusively by your own "intent" or "recklessness"

The law regulates all of this in Article 7:658 ofthe Dutch Civil Code. It also states that your employer must prove that they are not liable for your personal injury resulting from the workplace accident. If they fail to do so, they are liable for both your personal injury and the workplace accident. From a purely legal perspective, the burden of proof always lies with your employer!

As a temporary worker , the exact same rules apply to personal injury claims. In fact, as a temporary worker, you're even better protected. You can choose who you hold liable for the workplace accident: the temporary employment agency (your formal employer) or the company where you're placed (your material employer). Both are liable for the total amount of your personal injury.

As a (ZZP-er) , you are formally considered an independent contractor. However, in some cases, the law intended for employees also applies to you as a self- employed professional. Legally speaking, you are then considered the same as an employee. This gives you much greater legal protection in the event of personal injury due to a workplace accident.

Employers almost always insured for personal injury resulting from industrial accidents

We understand that you are not eager to hold your own employer or client liable for personal injury resulting from a workplace accident.

But sometimes you can't avoid it. Simply because you can't afford to bear the financial consequences of your injury yourself.

It's good to know that almost all employers in the Netherlands are insured against personal injury resulting from a workplace accident. In 99% of cases, personal injury resulting from a workplace accident is covered by your employer's or client's liability insurance.

Your personal injury resulting from a workplace accident doesn't have to be paid by your employer or client themselves, but is covered by their insurer. So, compensation for your personal injury costs your employer or client nothing. Because that's what they're insured for!

Help from a personal injury agency

Personal injury from a workplace accident can quickly have significant financial consequences. Personal injury can be caused by:

additional costs
loss of income and
loss of enjoyment of life (compensation for pain and suffering).

You can quickly suffer damages due to a workplace accident. But to receive compensation for your personal injury, you must first hold your employer or client liable. From that point on, your personal injury claim will be handled by your employer's or client's insurer.

Unfortunately, the insurer often has a completely different perspective on fair personal injury compensation than you do. This almost always leads to disputes, both about liability and the amount of your personal injury compensation.

You should seriously consider whether you want to handle these discussions yourself or whether you'd rather leave them to a personal injury firm. Especially if you're legally entitled to FREE legal assistance.

FREE legal assistance for personal injury caused by a workplace accident

At Van der Toorn Personal Injury , our assistance is completely free of charge in all cases!

A liable party is also obliged to reimburse your legal costs (read: our fee). This is stipulated in the law in Article 6:96 BW. Formally speaking, legally, our costs are part of your total personal injury claim.

Right from our first contact, and based purely on your own story, we can use our expertise to assess the likelihood of receiving compensation for your personal injury from the other party.

If we agree with you that you have a good chance of receiving compensation for your personal injury, we will immediately provide you with a written guarantee that our assistance will be completely free of charge.

So you will never be charged any costs, even if:

liability is not recognized by the insurer of your employer or client
you – for example due to undue pressure from your employer or client – must decide not to proceed with your personal injury case
our costs will not be paid or not be paid in full by the other party for other reasons.

Because free is free! We promise!

You don't have to pay our costs upfront. In fact, you won't even see our invoices, because they're sent directly and separately to the liable party, separate from your own personal injury claim. And they, in turn, must settle them directly and separately with us.

We are so knowledgeable and experienced in the field of personal injury claims resulting from workplace accidents that we're confident enough to offer you a cost guarantee. Because our estimates are rarely, if ever, wrong. And on the rare occasions when we do make a mistake... well, we'll survive. We'll feel worse for you than for us. Because then, unfortunately, we wouldn't have been able to help you receive fair compensation.

Do you need advice on personal injury?

Van der Toorn Personenschade is the leading personal injury firm in the Netherlands. Our 25 personal injury specialists and assistants are ready to help you. With offices in Voorburg (South Holland), Ede (Gelderland), Bredevoort (Achterhoek), and Nederweert (Limburg), we are always close by and therefore perfectly positioned to represent your interests in an expert and pleasant manner. From Den Helder to Maastricht, from Vlissingen to Groningen, and everything in between!

If you have any questions about personal injury, please feel free to contact us. You can do so via the form on our website, by email, by phone, or even by chat. Whatever works best for you. We'll provide you with clear and honest advice without any obligation. Afterward, you can decide for yourself what to do with it.

Van der Toorn Personal Injury is happy to help you, efficiently and always for FREE!

What customers ask

Is your help really free for me?

Absolutely, our help is truly FREE.

Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).

At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.

We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!

Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.

If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!

When can I claim personal injury damages?

You can claim damages for personal injury if you have suffered an injury (been injured) due to the fault of another person

Personal injury can be caused by, for example:

In addition, you may think of injuries sustained during:

organized trip
unsafe product or
fall at someone else's home, in a shop or on the street

It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.

Even if it is not yet clear at that time what your injury and its financial consequences consist of.

However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).

However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).

Are you unsure whether and when you are entitled to personal injury compensation?

Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.

What injuries do you treat?

We can actually help you with all types of personal injury

Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:

brain injury (ABI)
spinal cord injury
burns
dystrophy
bone fractures and
cosmetic injury.

But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.

We cannot help with all types of personal injury

The only thing we cannot help you with is personal injury caused by:

violence
medical errors and/or
situations of abuse.

In that situation, we will of course refer you to a party that is specialized in this.

Always request free, no-obligation advice on personal injury claims

Do you have questions about your personal injury? Or are you unsure if we're the right place for you?

Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.

When should I contact you?

You don't have to! But it's in your best interest to contact us as soon as possible

Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.

But what is: as quickly as possible?

Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.

You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.

It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.

Would you like to know what's best for you? Don't hesitate to contact us , without obligation

We'll give you clear advice right away . Then you can decide for yourself what to do with it.

If we think we can help you, we will let you know right away.

At the same time, we guarantee that our legal assistance completely free of charge .

To learn more about our FREE personal injury assistance services, click here.

What personal injury compensation amounts am I entitled to?

The personal injury compensation amounts you are entitled to are:

Allowances for additional assistance, such as:

household help, shopping, taking children to school, etc.
help in the garden and
help with the maintenance and painting of your home.

In addition, your personal injury may have consequences for your income, such as:

income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
no more irregular hours allowance
no longer being able to work overtime
missed promotions and
missed pension accrual

Finally, you can consider other equally important personal injury compensation amounts, such as:

Study delay
Reintegration costs for guidance to other work
Costs associated with admission to a hospital or rehabilitation center
Travel expenses
Medical expenses
Non-pecuniary damages
Economic vulnerability
Statutory interest
Furthermore, all costs that you would not have incurred without the accident…
For example, the wages you did not receive because you could not go to work.
Gasoline because you had to go to the hospital or the physiotherapist.
Medicines that were covered by your deductible.

In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.

This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.

Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".

If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.

Calculating non-pecuniary damages

Calculating non-pecuniary damages:

You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.

What is non-pecuniary damages?

Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.

So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".

How to calculate non-pecuniary damages

People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.

That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.

When can you calculate my non-pecuniary damages?

Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.

Only then will it be known what psychological consequences your injury has had and/or will have for you.

Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.

Important factors in calculating non-pecuniary damages

Important factors for calculating your non-pecuniary damages include:

the nature of your injury
the severity of your injury
your age
your gender
your level of consciousness
whether you will have permanent scars and where those scars are located
whether you have physical limitations that affect your quality of life
how much pain have you suffered and continue to suffer
how long your recovery period was and
whether you have recovered at all or whether there is permanent damage.

Indication calculation of non-pecuniary damages:

We cannot predict exactly how much your compensation for non-pecuniary damages will be.

What we can do is give you a general indication of the amount of your compensation for pain and suffering.

If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.

We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.

And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .

Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.

I recommend this company

The process took a long time due to problems with the insurer, but I was kept well informed.

SW van Os
Perfect service!

I was helped enormously by the sound advice. They acted very effectively and were very punctual. I hope I don't have to recommend a personal injury lawyer to anyone, but if I do, it will be this one!

Nicole Meulensteen
Great

Very competent and neatly arranged everything for me

Lisa
Very good

Friendly and knowledgeable staff. Patience and expertise. Keep up the good work!

Anonymously
Good company with nice contact

It was nice that they handled all the hassle of my personal injury claim. I didn't have to chase anything up myself.

Aaron Verhoeven
Good!

Clear, detailed explanations of the steps involved. Everything is discussed in advance. They're truly there for you!

Eveline
Good guidance from A to Z

Excellent guidance from start to finish. Initially, I had legal assistance from DAS. I wasn't satisfied with that, so I contacted Van der Toorn. I found your company to be very professional. I received excellent assistance.

L. Polderman
Really nice.

I never had to worry about financial compensation.

Helene van der Meer
They think along really well

After a painful fall in an elevator, my ankle was still in a lot of pain, but luckily Van der Toorn was there to help me.

T. Hoek
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Professional, committed advisors and negotiators

John van Wichen
Satisfied

Very friendly and professional service

Silwa
Very accurate and committed.

I was taken seriously and felt heard. It's nice that when you contact them, the secretary speaks to you immediately and, if necessary, connects you to the lawyer. Short lines of communication!

M. Kregting
Everything was arranged perfectly.

Very satisfied.

John van Santen
Human work. Well understood

My experience with the team at Van der Toorn has been truly excellent. They truly understand and stand by your side. Keep up the good work.

Maaike
Pleasant experience

Unburdening, full service, professional and sincere.

Noud Wilders
Very expert help with my whiplash

Van der Toorn Personal Injury assisted me very discreetly at the time. The other party's insurer paid me compensation in no time.

Gert de Laan
Genuinely interested

With the help of Van der Toorn Personal Injury, I received a more than acceptable compensation. They are genuinely interested in their clients and go all out for the best possible results.

EHC Posthumus
Customer-friendly and expert. They take a lot of work off your hands, including the administration

As a result of an accident I needed legal assistance, Van der Toorn Personal Injury provided me with excellent support in settling the damage

P. de Jong
that is very positive

Everything went smoothly. We had good contact and everything was explained clearly.

Verhoef
Professional, Quality and customer friendly

a relief that everything was arranged so well

Simona van Halsteren
Friendly, professional and fast action

I'm very satisfied with how the case was handled and handled, especially after my bad experience with my previous advocate. After our first meeting, we immediately felt good and regained confidence in a positive outcome

Lengers

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As a temp, I was assigned to work on a sort of assembly line. They explained to me that I had to clean the conveyor belt occasionally, otherwise it would get too cluttered and jam. After a week of working on the conveyor belt, I noticed it was starting to malfunction.