Specialist assistance with wage loss recovery is a must...
Employer's loss of wages (recourse). As an employer, you are obligated to continue paying wages if an employee has an accident, even if it is someone else's fault.
You can recover your lost earnings from the liable party (recourse). But you'll almost always have to deal with an insurer, who often has different priorities than you. And are the insurer's positions correct? Wouldn't you rather focus on your core business instead of all the "legal hassle"?
Claiming lost wages and recovery: how does it work?
If your employee becomes disabled due to an accident, you are obligated to continue paying their salary for up to two years. If you are also "own risk bearer," and your employee is eligible for WIA/WAO after those two years, you will also have to pay for this benefit. All in all, it's a rather expensive arrangement and not advisable for you.
And whether the disability is due to someone else's fault makes no difference in any of this!
However, the Act gives you the possibility to recover your loss of wages from the liable party (recourse against loss of wages). This is stated in Article 6:107a of the Dutch Civil Code. But recovering loss of wages from an employer “does not happen automatically”. On the contrary.
What obligations apply in the event of incapacity for work?
Whether the disability is someone else's fault or not, as an employer, you must do everything possible to get your employee back to work.
For you, this means starting a reintegration program. If this doesn't work in your current position, you must offer another position within the company. Or, through "track 2," you can arrange for reintegration outside your own company.
If you fail to meet your obligations, you risk having to pay your full salary for even longer than two years. A "horror" for any company.
So reintegration also costs money
Wage loss recovery therefore involves not only continued salary payments, but also "the costs of reintegration." These costs can be substantial. Fortunately, you can also recover these costs from the liable party.
Employer's wage loss
As an employer, you can recover the following from the liable party from the continued salary:
- continued paid net salary
- mandatory emoluments to be paid (for example, an end-of-year bonus)
- accrued holiday pay.
Wage loss recovery reintegration costs
The reintegration costs that you as an employer can recover include:
- costs of the occupational health and safety service and company doctor
- commuting costs (e.g. taxi fares)
- internal administrative costs
- costs of adjusting the workplace
- costs related to reintegration "Track 2"
- costs of coaching, guidance or multidisciplinary treatments
- costs of the deductible for the Sickness Benefits Act or WGA
When can you claim loss of earnings?
The answer is simple, but the reality is more complex. You can claim wage losses from a third party if they are responsible for your employee's disability.
Examples:
- traffic accident
- accident with animals
- an accident at work for which someone else is to blame
- carelessness of others (avp insurance)
- bad road
- public transport
- unsafe product
- etc.
Is the person responsible insured against legal liability? Then you can recover the loss of earnings from the person responsible's insurer.
Why legal assistance with wage loss recovery?
Recovering lost wages isn't easy. In fact, even for the layperson, recovering lost wages is quite complex. This is true even for large employers who do this regularly.
Will you use your own staff and resources to handle the wage loss recovery yourself? Or will you collaborate with a specialized and expert agency?
At Van der Toorn, we have specialists in-house specializing in wage loss claims. With years of experience and a high success rate, we can rightly say we are an expert and reliable partner.
And wouldn't you rather focus on your core business than on all the hassle with an insurer? You don't have to worry about the costs, because we claim wage losses on a "no cure, no pay" basis.
Special website for wage loss recovery
Van der Toorn Personenschade is the specialist in recovering wage loss from employers. You can find extensive information on our dedicated website regarding employer wage loss.
Need advice about claiming wage losses?
Employer's Wage Loss. Do you have questions about recovering wage losses? Or need free advice about wage recovery? Don't hesitate to contact us:
Ingrid van Agtmael, assistant (06-15868713 or i.vanagtmael@loonschadespecialist.nl)
Floris de Bruin, director (06-52331207 or f.debruin@letselschadebureau.nl)
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
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).
upfront written cost guarantee 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 due to the fault of another person injury (been injured)
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 as soon as possible contact
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 without obligation us
We'll give you right away advice clear. 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.
Stories from the field
That conveyor belt just pulled two of my fingers along with it…
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.
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