What customers ask
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 .
How do you determine the amount of my compensation?
Determining the final extent of damage often takes a long time
Determining the final amount of your personal injury compensation often takes a long time, unless your injury has healed within a few weeks.
Otherwise, determining the amount of your personal injury compensation will take a year, two years, or sometimes even longer. It depends on what happened to you and the financial consequences.
Liability and healing process
First, liability must be acknowledged. Then, the damages must be inventoried, substantiated, and calculated.
After that, it's essentially a matter of waiting until you've healed. Otherwise, we'll have to come to the conclusion that you won't recover any further. In that case, you'll have suffered permanent damage.
If you have not recovered within a few weeks, it is always wise to seek the assistance of a personal injury agency.
Amount of your compensation
The total amount of your personal injury damages can only be definitively determined once you have fully recovered, or if your injury is permanent.
Until then, we will continue to help you with interim claims for your additional costs and lost income.
Final settlement
Your final personal injury compensation award consists of the total of your additional costs and lost income.
Non-pecuniary damages
In addition, you are always entitled to compensation for pain and suffering (compensation for loss of enjoyment of life). Your compensation for pain and suffering is determined based on case law and previous court rulings.
We work according to a fixed "step-by-step plan"
Van der Toorn Personal Injury operates according to a fixed and clearly defined step-by-step plan. This way, you always know where you stand and what will happen next.
What we do for you
We will first assist you with liability and the inventory of your personal injury damages.
We'll work with you to calculate your damages, including those that will continue into the future. These include lost income, assistance with your home, and household help.
Our expertise is also crucial in determining the amount of non-pecuniary damages (the non-pecuniary component of your personal injury). We ensure you get what you're entitled to!
Standing strong against the insurer
With our expert help, you won't be alone in dealing with your insurer. This is important, because an insurer may have a completely different perspective on your injury and personal injury claims than you do. And they certainly won't point out damages you hadn't immediately considered.
We ensure that the insurer doesn't delay the processing of your personal injury claim. This means you won't have to wait longer than necessary for the compensation you're entitled to.
Want to know more about our working methods?
Would you like to know more about our working method? Then click here for further information about our “step-by-step plan” and the benefits it offers you.
How can I recover (claim) my personal injury damages?
What damages you can claim
All your additional costs and lost revenue must be reimbursed by the other party, as must your legal fees (i.e., our fees).
In addition, you are always entitled to compensation for pain and suffering.
You must prove your damages!
As a personal injury victim, you are responsible for proving your own personal injury (substantiate, demonstrate, and make it plausible). "He who claims, proves" is the legal "principle" in the Netherlands.
Liability must be acknowledged
It is also true that you will only be compensated for your personal injury if the other party's insurer has accepted liability.
Sometimes an insurer denies liability because their insured has a different version of the accident.
Legal assistance almost always necessary
Legal assistance is essential. We can ensure you are heard and that your story is substantiated. We can assist you in requesting police reports and witness statements.
We also search for court rulings in similar cases, ensuring liability is acknowledged. With our expertise, you won't be alone in your dispute with the insurer.
However, you usually cannot do without legal assistance when claiming personal injury compensation . After all, an insurer often has a very different view of your injury and the evidence of your damages than you do. And you do not know whether the insurance company is right or not.
Compensation for an accident at work?
In the event of an accident at work, we refer to it as a workplace accident. Such an accident often has major consequences. If you wish to receive compensation for the accident at work, you must first determine who liable for the workplace accident.
When is the company liable?
According to Article 7:658 of the Dutch Civil Code, an employer is liable for injuries sustained by their employees at work. An employer must therefore ensure a safe working environment and adequate equipment. This is the employer's duty of care. If the company fails to do so, or fails to do so sufficiently, the employer is liable for the workplace accident. In almost all cases, they must compensate your employer for the damages incurred after an accident.
When will I receive compensation after my accident at work?
You will receive compensation for your injuries after a workplace accident if your employer is liable. You must prove that the accident occurred at your workplace. Your employer must demonstrate that they did not breach their duty of care. In some cases, the employer will want to prove that they did not breach their duty of care. Therefore, it's important to engage a personal injury specialist to ensure you receive the compensation you're entitled to. It's important to carefully consider any damages that can be carried forward into the future, such as loss of income or the need for domestic help
You will only be compensated for your damages following the accident at work if liability has been acknowledged.
However, this discussion often escalates into a legal battle between the employee and the employer's insurer. This isn't fair, as the insurer naturally has extensive experience and legal expertise at its disposal. Therefore, it's wise for employees to consult an expert
A reliable personal injury specialist will work with you to ensure you get what you're entitled to. Feel free to request a free, no-obligation consultation from us. This is completely free of obligation, and you'll know exactly where you stand. Our specialists are ready to assist you.
Want to learn more about compensation after a workplace accident? Click here.
Sickness Benefits Act and industrial accident?
Most employees hope to return to work quickly after a workplace accident . Unfortunately, many still end up on sick leave after a workplace accident
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.
Sickness benefit from the UWV after a workplace accident?
You've had a workplace accident, leaving you with sickness benefits from the UWV (Employee Insurance Agency). These benefits can lead to a reduction in income. And we understand you'd like to be compensated for this!
When do you receive sickness benefits from the UWV after a workplace accident?
Whether or not you receive sickness benefits from the UWV depends on your employment contract.
With a permanent contract, your employer continues to pay your salary for two years. In this case, you are not entitled to sickness benefits, because your employer continues to pay your salary. When are you entitled to sickness benefits after a workplace accident? If you are temporarily employed, an on-call worker, or a temporary agency worker, you can claim them. You will then receive a maximum of 70% of your last earned salary. If you are working but do not have an employer-employee relationship, you will also not receive sickness benefits after a workplace accident. In most cases, this applies to self-employed entrepreneurs.
How long will I receive benefits from the UWV after a workplace accident?
You are entitled to sickness benefits from the UWV (Employee Insurance Agency) for a maximum of 24 months. Sometimes benefits stop earlier. This can happen if you are less than 35% incapacitated for work. Even if you receive WIA or AOW benefits, or have been incarcerated for more than a month, you are no longer entitled to sickness benefits after a workplace accident.
What are the consequences?
The amount of sickness benefit you receive in the event of a workplace accident is determined by the Employee Insurance Agency (UWV) based on your average daily wage. Sickness benefit amounts to a maximum of 70% of your pre-illness earnings. This means your income loss can easily reach 30%. This can lead to financial hardship. If your employer is liable, you can claim compensation for your loss of income from the company.
It's often quite difficult to hold your employer liable yourself. It's also difficult to calculate the loss of income yourself, because this damage continues into the future.
Do you need expert help calculating your loss of income? Our experts have extensive experience in this area. Our assistance is also free. We're happy to assist you!
Want to know more about sickness benefits after a workplace accident? Click here.
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