Died after industrial accident
occurs in the Netherlands 60 times a year industrial accident .
Has one of your loved ones been the victim of a fatal workplace accident? Then you cannot do without legal help and assistance from an expert and experienced personal injury firm.
The emotional consequences of a fatal workplace accident are devastating. In addition, a whole host of business matters suddenly need to be taken care of. And then comes the moment you realize that the death of your loved one also has financial consequences. Not only in terms of the family income, but often there are also ongoing additional expenses required to keep your family running.
With over 25 years of experience assessing damages after fatal workplace accidents, we know you can't handle all these things alone. This article will tell you all about it:
- Few can calculate death damages
- Can we help you determine death damages?
- Damage after a fatal industrial accident: the legal side
- Liable after a fatal industrial accident
- Always ask for advice after a fatal industrial accident
Few can calculate death damages
Mapping out your damages as a surviving relative after a fatal industrial accident is a specialism in itself.
Very few experts understand this. And as strange as it may sound, an experienced and knowledgeable personal injury firm can do this much better than the average personal injury lawyer. Determining your damages after a fatal workplace accident is much more tactical and mathematical than legal.
That is why we strongly advise you to engage the right advocate after a fatal industrial accident.
Can we help you determine your damage?
Our answer to this is a resounding yes! We are uniquely qualified to help you, as a surviving relative, after a fatal workplace accident involving your loved one. As mentioned, our experts have been doing this for over 25 years. Your interests and emotions are in safe hands with us.
Especially when a loved one has passed away, it's important to sense when you need our help. This starts by carefully listening to your wishes and thoughts.
We also want to take as much work off your hands as possible. We offer peace of mind if you desire, but also sit down with you at the right time to discuss your thoughts and emotions. We strive to help you with the financial settlement of your fatal workplace accident in the most humane way possible.
We'll do our work as discreetly as possible. Because you've got other things on your mind.
Damage after a fatal industrial accident: the legal side
Damages resulting from death are regulated in a single article of law, namely Article 6:108 of the Dutch Civil Code. In this article, it is stipulated – in short – that the following are eligible for compensation:
- funeral expenses and
- the financial need of the immediate surviving relatives, usually the spouse and children (in immigrant circles, family members are often also supported in the country of origin). As long as it concerns parents, children, brothers and sisters, they are also eligible for compensation for their damages.
The total damages following a fatal workplace accident are impossible to estimate in advance. We also don't think it's very helpful to explain all sorts of "legal and technical issues" here. We'd rather do that when you're ready, in a personal conversation. That will be much more beneficial.
Liable after a fatal industrial accident
We don't think it's appropriate to write a lengthy letter here about the legal implications of liability after a fatal workplace accident. We'd rather discuss this with you in person, when you're ready.
What is important to know is that your loved one's employer:
- almost always liable for a fatal industrial accident and
- almost always insured against a fatal industrial accident.
So, as a surviving relative, you will almost always be compensated for your losses, and your loved one's employer doesn't have to pay for them themselves. Their insurer will do that.
The settlement of damages after a fatal workplace accident is handled by the employer's insurer. This is convenient, as it means you don't have to negotiate with your loved one's employer.
On the other hand, you'll be dealing with an experienced and expert insurer. No matter how sympathetic that insurer may be, they are still your "opposing party" and have conflicting interests.
Always ask for advice after a fatal industrial accident
The liable party is also obliged to reimburse your legal costs (read: our fees). This effectively makes our legal assistance completely free of charge. Van der Toorn Personenschade works with a Cost Guarantee. It essentially means that you will never receive an invoice from us. If the opposing party does not pay our costs, or does not pay them in full, the Cost Guarantee comes into effect and you pay nothing. Promised!
Do you need information or advice about a fatal workplace accident in your family? Don't hesitate to contact us at a time that suits you:
Mr. F. de Bruin (Floris)
tel. 06-52331207
email: 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.
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