What customers ask
Industrial accident and incapacitated for work?
If you are disabled due to a workplace accident, you can no longer perform your previous duties. This may be temporary, but you may also have permanent limitations.
Should the employer involve a company doctor?
The company doctor plays an important role if you become incapacitated for work due to a workplace accident. If you are unable to work for more than six weeks, your employer is even obligated to do so. A company doctor will help you return to your previous workplace. If this isn't possible, the doctor will explore other options.
Am I entitled to benefits if I am unable to work due to a workplace accident?
If you have become incapacitated for work due to a workplace accident, your eligibility for benefits depends on your employment contract. If you have a temporary contract, your obligation to continue paying wages under the Sickness Benefits Act will expire. After a year of incapacity for work, you will be reassessed by the UWV medical examiner and an occupational health and safety expert.
If you have a permanent contract, your employer will continue to pay your salary for two years. If you are still incapacitated for work after two years, you are entitled to a WIA benefit. This applies to both permanent and temporary contracts.
Self-employed persons will only receive benefits if they have disability insurance.
Claiming damages after a work-related disability accident
Your benefit is often considerably lower than the wages you received. If you become disabled after a workplace accident, you will usually also suffer a loss of income. It is possible to recover these damages from your employer or client if they are liable.
This is often a long-term issue. Your employer likely wants to show that they are not at fault.
It's often quite difficult to hold your employer liable yourself. Do you want to recover damages for your injuries due to a workplace accident that left you disabled? Then seek the help of a professional personal injury firm. Our services are free, and we're happy to assist you.
Want to know more about workplace accidents and disability? Click here.
Do you need a company doctor in case of a workplace accident?
A company doctor is often called in to assist with a workplace accident if you become incapacitated for work due to an accident at work . One such doctor is an unknown figure for most employees.
When is an occupational health physician called in?
The company doctor isn't called in for every workplace accident. Your employer is obligated to contact the company doctor if you're sick for six weeks. For complex illnesses, the company doctor may start guidance and reintegration sooner.
The occupational physician will create a plan to determine how you can return to your previous job. If you are unable to return to your previous job, the physician will explore other options within the company. If no other work is available at your current employer, the physician will explore external options. The physician will consult with other physicians treating you and will also consult with external experts, such as an occupational health and safety expert.
Why should you call in a company doctor in the event of an industrial accident?
The occupational physician can answer questions from the employer or employee about the absence process and returning to work. They can also answer general questions about workplace safety and employee health. They also request information from other physicians treating you and consult external experts, such as occupational health specialists.
By engaging a personal injury specialist, you can significantly influence this process. A personal injury specialist, such as Van den Toorn Personal Injury, ensures that the right questions are asked and that proper medical evidence is provided.
If you do not agree with the company doctor's decision, you can request a second opinion from another company doctor.
Do you need a company doctor due to a workplace accident? It's always wise to consult a personal injury specialist.
Feel free to ask us for a no-obligation consultation. This doesn't obligate you to anything, and you'll know exactly where you stand.
Want to know more about a company doctor in the event of a workplace accident? Click here .
Forklift accident, is the company liable?
A forklift accident can easily happen, as many things can go wrong. For example, defective equipment could be involved, or the load could shift. Therefore, driving a forklift is quite risky.
When is the company liable?
An employer must, in any case, take measures to prevent forklift accidents. The employer has a duty of care towards its employees. For example, it's important that the employer provides clear instructions and carries out regular inspections on the work floor.
Furthermore, it's important that the employer ensures the safest possible work environment. Besides instructions and inspections, the employer can implement adjustments to make the workplace safer, such as providing sufficient space on the work floor and ensuring well-trained drivers. This can prevent accidents and collisions involving forklifts. If an employer could have done more to prevent a workplace accident, the company can be held liable in the event of a forklift accident.
In summary, the most important things for an employer to do to prevent a forklift accident are:
– Good material
- Provide good instructions and carry out checks
- Sufficient space and good infrastructure on the work floor
– Drivers must have the appropriate training and certificates
If your employee fails to comply with the above duty of care, you have a good chance of successfully recovering your personal injury damages.
Calling for assistance after an accident involving a forklift truck
As an employee, it's often difficult to hold your employer liable after a forklift accident. It's unfamiliar territory, and you often don't know how to handle the situation. Have you had an accident with a forklift? Then, in many cases, it's very wise to engage a personal injury specialist. After all, the employer has many duties and responsibilities regarding safety. And in most cases, they are liable. Unless there's recklessness or intent, which almost never happens!
Feel free to request a free, no-obligation consultation from us. This doesn't obligate you to anything, and you'll know exactly where you stand. Our specialists are happy to assist you.
Want to learn more about liability after a forklift accident? Click here .
When am I entitled to compensation?
You are entitled to compensation if you have suffered an injury (been injured) due to the fault of another person.
Personal injury can be caused by, for example,
traffic accident,
industrial accident or
accident caused by animals
You can also sustain injury during a
organized trip
unsafe product or
fall at someone else's home, in a store, or on the street
Don't wait too long
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.
Insurance company will ultimately reimburse your damages
However, someone else must be liable. This person must have liability insurance (AVP/AVB/WA).
Sometimes also compensation in case of own fault
But even if you caused the accident yourself, you can sometimes still claim damages for your personal injury.
For example, if you have an SVI (Passenger Damage Insurance) or SVO (Passenger Damage Insurance).
Always ask for advice!
Each of the aforementioned "causes of damage" has its own legal peculiarities. So you can't always know whether you're entitled to compensation.
Don't hesitate to contact us directly for a no-obligation consultation.
It won't cost you anything, and you'll know right away where you stand. Afterward, you can decide for yourself what to do with our advice.
What damages can I claim?
Below you will find an overview of the personal injury damages you can recover.
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.
Compensation for loss of 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
Other very important personal injury damages 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.
Compensation for non-pecuniary damages (damages for pain and suffering)
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.".
Sickness Benefits Act and industrial accident?
Most employees hope workplace accident to return to work quickly
When do you become eligible for sick leave after a workplace accident?
Depending on your employment contract, you may or may not be entitled to sickness benefits after an industrial accident.
Do you have a permanent contract? Then your employer will continue to pay you for two years. You will not receive sickness benefits after a workplace accident, because your employer will continue to pay your wages. Do you have a temporary, on-call, or agency contract? Then you will be eligible for sickness benefits after a workplace accident. You will then receive a maximum of 70% of your last earned wages. Finally, there is the self-employed person. In this case, there is no employee-employer relationship, and you will not receive sickness benefits after a workplace accident.
How long will I receive sickness benefits after a workplace accident?
Sickness benefits always run for a maximum of 24 months. However, these benefits may end sooner if, for example, you become incapacitated for work or if your disability is less than 35% after a year. Even if you receive a WIA or AOW benefit, you are no longer entitled to sickness benefits after a workplace accident.
What are the consequences?
If you end up on sick leave after a workplace accident, your income will initially drop significantly. Sickness benefits are limited to a maximum of 70% of your salary, meaning the loss of income can easily reach 30%. If this causes financial hardship, carefully consider who is liable. If your employer is liable, you can recover your loss of income from the company.
It's often quite difficult to hold your employer liable yourself. Do you want to recover damages for your injuries because you're on sick leave following a workplace accident? Then enlist the help of a professional personal injury firm. Our services are free, and we're happy to assist you.
Want to know more about sickness benefits after a workplace accident? 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.
Affiliated with:
