More and more falls at work

What is the compensation?

Industrial accident

According to the Dutch Labour Inspectorate, falls remain the leading cause of serious workplace accidents. More than half of all serious incidents during working hours are caused by falls from height, such as from a ladder, scaffolding, roof, loading ramp, or work platform. 

The consequences are serious. Every year, hundreds of employees suffer permanent injuries from workplace falls. These can include broken bones, brain damage, spinal cord injuries, or permanent loss of mobility. In practice, falls are still too often dismissed as unfortunate coincidences. However, the legal reality is clear: in the event of a fall at work, the employer is, in most cases, liable for the damage suffered.

Are you eligible for compensation after an accident at work? Read below to learn about your rights and how to legally substantiate them.

What is an industrial accident due to a fall from a height?

A workplace accident is any situation in which an employee sustains injury while performing work. When that injury is the result of a fall from height, it constitutes a workplace accident involving increased liability risks. This type of accident frequently occurs during work on ladders, scaffolding, roofs, loading ramps, or aerial work platforms.

Consider, for example, a carpenter falling from unprotected scaffolding, a truck driver slipping on a wet loading ramp, or a window cleaner falling from an unstable aerial work platform. Warehouse workers falling from scaffolding or painters working with a loose stepladder are also at increased risk.

While circumstances vary by sector, in all these situations, the risk of a fall could and should have been mitigated. In practice, this often forms the basis for compensation after workplace falls.

Liability in the event of a fall at work

The law obliges employers to ensure safe working conditions. This duty of care is laid down in Article 7:658 of the Dutch Civil Code. The employer must identify risks and take all reasonable measures to prevent injury during work. In the case of falls, this includes, for example, installing fall protection, providing instruction on working safely at height, using approved equipment, and monitoring safe behavior.

If this duty of care is breached and an employee suffers an injury due to a fall, the employer is usually legally liable for the damage. Liability only lapses if it can be demonstrated that everything was done to prevent the accident, or if the injury was caused by the employee's intent or deliberate recklessness. Such exceptions are rarely recognized in practice.

to temporary agency workers, self-employed persons in a hierarchical relationship, and interns. The legal position of these groups is therefore comparable to that of permanent employees.

Insurer and evidence in industrial accidents

Although the employer is legally liable, the damages are usually covered by the company's liability insurer. However, this insurer will not automatically pay out. The assessment of the claim is critical and often complex. For example, the circumstances of the accident, possible contributory negligence, the severity of the injury, and the existence of permanent disabilities are considered. The assessment also includes whether sufficient safety instructions were provided.

It is therefore important for victims to engage legal support. A personal injury specialist helps to substantiate liability and professionally demonstrate items of damage. Evidence is crucial in this regard. Think of photos of the workplace, statements from colleagues, and medical reports. A well-substantiated file prevents disputes and expedites the settlement of the claim.

What compensation will you receive after a workplace accident?

An accident at work can lead to severe physical injury, such as bone fractures, back problems, or head injuries. The consequences are often long-lasting or even permanent. The financial damage extends beyond just medical costs. Consider loss of income, domestic help, necessary modifications to the home or vehicle, travel expenses, pension losses, and compensation for pain and suffering.

Compensation is intended to place the victim in the same position he or she would have been in without the accident. In practice, the total compensation after a fall at work can amount to tens of thousands of euros or more. Without specialist assistance, you run the risk of missing out on money because items are not included or are calculated too low.

First steps after a fall at work

After a fall at work, it is important to act quickly and carefully:

  1. Report the accident immediately to your employer or manager.

  2. Seek medical attention and have the injury properly recorded (even minor complaints).

  3. Request an accident report from your employer or occupational health and safety service.

  4. Capture evidence: take photos of the work situation, note down witnesses.

  5. Do not contact the insurer without legal assistance.

The first moment of contact is often decisive for the further course of the claims handling process.

Have you experienced a fall at work?

A fall in the workplace is rarely accidental. In most cases, the cause is inadequate safety measures. The law protects victims of these types of workplace accidents, and the right to compensation is often well-founded. A legally sound approach ensures recognition, peace of mind, and recovery, provided action is taken promptly.

But first, rest and documentation: report the accident, immediately record your symptoms with your doctor, and make a note of what happened, preferably with photos and witnesses. This provides you with a solid foundation for full compensation.
Next, we manage the process in the background: we complete your file, conduct the discussion with the insurer, and ensure that no items are overlooked. This allows you to remain focused on your recovery, while we ensure the financial settlement is correct. Our services cost you nothing; the insurer pays the reasonable costs.

Injured by a fall at work? Van der Toorn Personal Injury offers free assistance in recovering damages after a workplace accident.

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:

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.

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