Industrial accident and your health insurance deductible

You are entitled to compensation!

Industrial accident and your health insurance deductible

Workplace accident deductible health insurance: If you an injury , there is a significant chance that you will need to see a doctor.

Do you only need to visit your GP or the GP out-of-hours clinic? Then this won't result in any medical costs for you.

But if you have to go to the Emergency , that changes things. Let alone if you have to be admitted to the hospital. In that case, the costs will indeed be deducted from your health insurance deductible. And who is going to pay for that?

Have you lost your health insurance deductible due to a workplace accident? Then always ask for FREE personal injury advice. We will tell you immediately where you stand.

Industrial accident: who pays the deductible?

Who pays the deductible for a workplace accident? If medical expenses are offset against your health insurance deductible, you essentially pay those costs yourself.

Since 2016, your deductible has been €385.00 per year.

If you've had a workplace accident , there's a good chance your employer is liable. So, in practice, your employer should pay your health insurance deductible. However:

What if, due to a workplace accident, you are confronted with more than just your own health insurance deductible?
What if you other additional costs ?
Or what if you have become incapacitated for work and no or less income ?
And did you know that you are always entitled to pain and suffering?

Then reimbursement of your deductible on your health insurance may be the least of your financial worries.

In that case, you'll definitely need legal assistance . Request a free, no-obligation personal injury consultation. We'll let you know right away if we can help.

Employer almost always liable

In the Netherlands, an employer is almost always liable for the financial consequences of a workplace accident. This applies even if you believe the accident was your own fault or that "no one" could have done anything about it. That is simply how the law states (Article 7:658 of the Dutch Civil Code).

Legally, in the context of occupational accident deductible health insurance (health insurance), you "only" need to demonstrate that during work you:

an accident has happened
that you suffered injuries and
that working conditions played a role in this.

Employer must prove

Your employer must then demonstrate that they have taken all possible safety measures, or that taking those measures would not have prevented the workplace accident.

This is a purely theoretical assessment. It's often far removed from "daily practice." This may seem unfair to your employer, but that's the law.

Fortunately, employers are almost always insured against this. The premium costs are practically zero.

Employer almost always insured

In the Netherlands, 99% of employers are insured against the risk of a workplace accident. Your employer therefore never has to pay for your personal injury . The insurer does that

Your employer will report the workplace accident to their own insurer. That insurer will your personal injury claim , both regarding liability and the amount of your personal injury damages.

Should I hold my own employer liable?

Unfortunately, that's unavoidable. If you want compensation for your injuries after a workplace accident, you have to hold your employer liable. There's simply no other way.

However, your employer almost always has insurance. This insurance covers your personal injury. We know from experience that employers almost never object to an employee's personal injury claim.

Therefore, you don't need to worry that filing a claim will damage your relationship. Ideally, your employer is insured. The insurer will have to compensate you for your damages.

Ultimately your own choice

Your employer is almost always liable for the financial consequences of a workplace accident. However, you must hold your employer liable. Otherwise, you will not receive compensation for your personal injury

Whether or not to hold your employer liable is ultimately your own decision. Your choice may depend on:

the amount of your damage
the type of employment contract you have
or your employer is insured or
it turns out that a liability claim puts too much pressure on your relationship with your employer.

Some people for example:

with a zero-hours contract
temporary worker
with a temporary contract or
in their probationary period,

Some employers choose not to hold their employers liable. For example, if their personal injury is limited to a few tens of euros or only covers their health insurance deductible (e.g., in the case of a workplace accident, the health insurance deductible).

If the amount of your personal injury damages is indeed very limited and you really don't feel comfortable holding your employer liable, we understand your decision. In such a situation, your employer might even be willing to pay for your personal injury damages out of their own pocket.

Sometimes no choice

However, if your personal injury damages exceed a few hundred euros, or if you have become incapacitated for work due to the industrial accident, you sometimes have no choice.

Simply because you cannot absorb the financial consequences of your workplace accident yourself. Especially in these expensive times. In that case, you really have no choice but to claim your personal injury compensation from your employer.

It's good to know that you can use specialized legal assistance. And that this assistance is almost always completely free of charge . This is stipulated in the law (Article 6:96 of the Dutch Civil Code).

ALWAYS ask for personal injury advice

After a workplace accident or an accident that affects your health insurance deductible, always seek personal injury advice. Even if your personal injury appears to be limited to your health insurance deductible at first glance, our advice is completely free and without obligation.

We'll discuss what happened and what your legal options are. Afterward, you can decide for yourself what to do with our advice.

Can we help you with your personal injury claim and do we believe it's in your best interest? We'll tell you right away! You'll also receive a written guarantee that our legal assistance will be completely free of charge.

Do we offer free legal assistance (cost guarantee)? We strongly recommend that you take advantage of it!

In the event of a workplace accident, you essentially can't do without legal assistance. You'll always be dealing with an insurer, and they have very different perspectives on liability and personal injury than you do. Often, they even act against your better judgment. Legal assistance is therefore always in your best interest. Especially when it completely free of charge .

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:

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 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.

Genuinely interested

With the help of Van der Toorn Personal Injury, I received a more than acceptable compensation. They are genuinely interested in their clients and go all out for the best possible results.

EHC Posthumus
Good guidance from A to Z

Excellent guidance from start to finish. Initially, I had legal assistance from DAS. I wasn't satisfied with that, so I contacted Van der Toorn. I found your company to be very professional. I received excellent assistance.

L. Polderman
Really nice.

I never had to worry about financial compensation.

Helene van der Meer
Friendly, professional and fast action

I'm very satisfied with how the case was handled and handled, especially after my bad experience with my previous advocate. After our first meeting, we immediately felt good and regained confidence in a positive outcome

Lengers
Very good

Friendly and knowledgeable staff. Patience and expertise. Keep up the good work!

Anonymously
Very expert help with my whiplash

Van der Toorn Personal Injury assisted me very discreetly at the time. The other party's insurer paid me compensation in no time.

Gert de Laan
Pleasant experience

Unburdening, full service, professional and sincere.

Noud Wilders
Human work. Well understood

My experience with the team at Van der Toorn has been truly excellent. They truly understand and stand by your side. Keep up the good work.

Maaike
Very accurate and committed.

I was taken seriously and felt heard. It's nice that when you contact them, the secretary speaks to you immediately and, if necessary, connects you to the lawyer. Short lines of communication!

M. Kregting
Everything was arranged perfectly.

Very satisfied.

John van Santen
Good!

Clear, detailed explanations of the steps involved. Everything is discussed in advance. They're truly there for you!

Eveline
Great

Very competent and neatly arranged everything for me

Lisa
Customer-friendly and expert. They take a lot of work off your hands, including the administration

As a result of an accident I needed legal assistance, Van der Toorn Personal Injury provided me with excellent support in settling the damage

P. de Jong
Perfect service!

I was helped enormously by the sound advice. They acted very effectively and were very punctual. I hope I don't have to recommend a personal injury lawyer to anyone, but if I do, it will be this one!

Nicole Meulensteen
They think along really well

After a painful fall in an elevator, my ankle was still in a lot of pain, but luckily Van der Toorn was there to help me.

T. Hoek
Professional, Quality and customer friendly

a relief that everything was arranged so well

Simona van Halsteren
that is very positive

Everything went smoothly. We had good contact and everything was explained clearly.

Verhoef
Top

Professional, committed advisors and negotiators

John van Wichen
Satisfied

Very friendly and professional service

Silwa
I recommend this company

The process took a long time due to problems with the insurer, but I was kept well informed.

SW van Os
Good company with nice contact

It was nice that they handled all the hassle of my personal injury claim. I didn't have to chase anything up myself.

Aaron Verhoeven