Read all about industrial accidents during probationary periods here
Industrial accident during probationary period
Workplace accident during probationary period? In principle, you can then be dismissed by your employer just like that, from one day to the next. This has immediate financial consequences for your income, because your employment ends immediately and your employer is no longer required to pay you a salary. But what then?
Your financial loss, both your income and expenses, must be compensated somehow. But how?
The 'easiest' way to do this is through your former employer, but you do need the right legal assistance . After all, legally speaking, your employer is no longer required to continue paying your salary, so this must be done in another way.
So, your employer must compensate you for your income in a different way. Namely, through "the liability and compensation route." If you'd like, we'd be happy to explain how this works.
Did you an injury ? Be sure to ask us for advice.
We can explain the legal details and provide you with the best course of action to compensate for your lost income. Our advice is completely free of obligation. You can then decide for yourself what to do with our advice.
Workplace accident during probationary period. Can I be fired?
Yes, your employer can dismiss you during your probationary period without giving reasons, even if you became ill during your probationary period.
In fact, even if your incapacity for work during your probationary period was caused by a workplace accident, your employer may dismiss you immediately and without giving reasons. That is simply the law stipulates.
The fact that you became incapacitated for work due to a workplace accident—and therefore your employer's legal liability—doesn't matter. Your employer is free to dismiss you and no longer has to pay you a salary.
But how will your income be compensated? And who will pay for the expenses incurred as a result of the workplace accident?
How can I get compensated for lost revenue?
If all goes well, your employer will report you as “ sick upon termination of employment ”. In that case, there is a good chance that you will be eligible for sickness benefits through the UWV after your dismissal
However, a Sickness Benefits Act benefit amounts to a maximum of 70% of your “daily wage” (your salary before the accident), so you will miss out on 30% of your income anyway.
You can recover the portion of your income not compensated by the UWV from your employer. But there's only one way to do this: by holding your former employer liable (compensation). Unfortunately, there's no other solution.
Whether or not your former employer is liable therefore determines whether you receive compensation for your lost income.
Fortunately, in the Netherlands, an employer is liable in 99% of cases, and an employer is almost always insured for personal injury following a workplace accident (even after a workplace accident during the probationary period).
Your former employer doesn't have to pay your compensation themselves. That might save you some money, right?
The above sounds simple, but it might not be easy for you to grasp. If you'd like to know if you can receive compensation for your lost income after a workplace accident during your probationary period, please feel free to ask us for advice.
Our advice is 100% without obligation and free of charge for you . Based purely on your own story, we can immediately tell you the situation and what you should do next. After that, you can decide for yourself what to do with our advice.
Would you like us to help you recover your financial losses? We promise in writing in advance that our assistance will be completely free of charge.
Employer legally responsible for industrial accident during probationary period
As an employee, the Act provides you with “additional legal protection” after a workplace accident. This is stated in Article 7:658 of the Dutch Civil Code.
This "extra protection" means that in 99% of cases, your financial losses after a workplace accident (even during a probationary period) must be compensated by your former employer. In the Netherlands, an employer is almost always legally liable for a workplace accident.
Even if your former employer could actually do absolutely nothing to prevent the workplace accident. Even if the accident was caused by a colleague or an employee of another company, your former employer is legally liable. In fact, this extra protection applies even if you caused the accident yourself. That is simply how it is regulated by law.
At the same time, an employer is almost always insured for your financial damages. Your former employer therefore doesn't have to pay your compensation themselves.
Of course, you don't want any hassle, even if your employer fired you during your probationary period. But unfortunately, there's no other way to get financial compensation for your losses.
Are you wondering whether your former employer is legally liable for the industrial accident that happened to you during your probationary period?
Please feel free to contact us for a free consultation. We can likely provide you with a concrete assessment of your liability immediately, and therefore the likelihood of your personal injury being covered by your former employer's insurer.
Would you like our further assistance following our advice? If so, this is 100% free of charge for you. Your former employer's insurer must also reimburse the legal costs (read: our costs). Separately from your own compensation. This is stipulated in Article 6:96 of the Dutch.
How can I help you?
Ms. Juliette van Daal-Brienen,
Coordinator Personal Injury Helpdesk
Coordinator Personal Injury Helpdesk
Loss of income after a work-related accident during a probationary period
If you are dismissed after a workplace accident during your probationary period, you will immediately lose income.
Your former employer doesn't have to pay compensation, and you're immediately left home without any income. You may still be entitled to sickness benefits, but these benefits are limited to a maximum of 70% of your salary. This means a significant drop in your income immediately.
If your former employer is liable for the workplace accident, you can recover this loss of income from your former employer. Your former employer's liability insurer will then have to compensate you for your financial loss (compensation for loss of income and expenses).
However, the other party is a professional insurer
Because your former employer is almost always insured, you'll be dealing with a professional insurer as the opposing party. And they often have a very different perspective on fair compensation for your income and expenses than you do.
Because an insurer is a commercial enterprise that needs to make a profit. This means an insurer can benefit from paying out less in damages. That's a kind of "natural" conflict of interest. But you are completely dependent on that liability insurer for your compensation and lost revenue!
And even if your opponent does everything "properly and properly according to the rules," you can never know if that's true. You simply don't have sufficient knowledge of personal injury law.
It's really difficult and complicated to hold your former employer liable. And it's even more complicated to have to fight with that insurer about liability and your compensation.
That's why it's always wise (read: essential) to engage a specialized personal injury law firm. They can represent your legitimate interests. Because only then can you be sure you'll get what you're entitled to: fair and just compensation.
So don't take any risks and seek advice anyway. We can tell you exactly which approach is best for you and whether legal assistance would be helpful.
Our advice is 100% free of obligation, so you can do whatever you want with it. If we decide to help you further, our assistance is guaranteed to be 100% free of charge. You certainly don't have to worry about that!
What compensation is available after a workplace accident during a probationary period?
Loss of income
- Loss of wages and salary
- Loss of bonus or profit sharing
- Loss of bonuses and bonuses
- Loss of overtime compensation
- Reduced pension accrual
- Loss of future income due to permanent disability
- Loss of income due to a forced change of job or profession
- Reduced opportunities in the labor market due to permanent injuries.
- Reduced productivity
- etc.
Industrial accident during probationary period: other relevant information
Additional costs
- Medical costs (such as hospital admissions, treatments, medication and aids)
- Material damage (damage to personal belongings)
- Domestic help
- Costs of nursing and care
- Travel expenses
- Childcare costs
- Costs for domestic help
- Costs for adjustments
- Costs for resources
- Costs for adapted sports or recreation
- Costs for loss of self-reliance.
Non-pecuniary damages
Pain and suffering compensation is another word for damages for non-material damage.
It is a form of compensation that cannot be directly expressed in money and the amount of which depends on the nature and severity of your injury and its consequences for you as a personal injury victim.
The purpose of non-pecuniary damages is to acknowledge and compensate you for your suffering. However, because non-pecuniary damages are (unfortunately) relatively low in the Netherlands, personal injury victims don't always feel it as recognition or relief from their suffering.
How can I help you?
Ms. Juliette van Daal-Brienen,
Coordinator Personal Injury Helpdesk
Coordinator Personal Injury Helpdesk
Legal aid costs (100% free of charge for you)
The costs of legal assistance (read: our costs) must also be reimbursed. Separately from your other financial damages. This is stipulated in the law (Article 6:96 ofDutch Civil Code).
We provide you with a clear, written cost guarantee upfront. If the other party does not reimburse our costs, or only partially, you will not receive an invoice from us.
The financial consequences of a workplace accident during a probationary period can very quickly become substantial. Therefore, it is wise to engage a specialized personal injury firm shortly after a workplace accident during your probationary period.
Always ask advice. It's 100% free of obligation. In 99% of cases, we can immediately provide the right advice and advise you on the best course of action. If we do help you afterward, it's guaranteed 100% free of charge.
Industrial accident during probationary period. Always ask for advice!
A workplace accident during a probationary period? That always has significant financial consequences for you.
So don't take any risks and always seek advice. Our advice is 100% non-binding. Ninety-nine times out of 100, we can immediately explain the legal situation and your best course of action. Based solely on your own story. Afterward, you can decide for yourself what to do with our advice.
Should you require our assistance, we guarantee in writing in advance that our assistance will be 100% free of charge. Our costs must also be reimbursed by the other party, separately from your own compensation claim.
Ask for advice , and if you'd like, we'll work together to get you the compensation you need. And it won't cost you a thing!
You can request advice by phone , by filling out the form , or even via WhatsApp . Whatever works best for you.
About the author
The information on this page was written by Ms. Juliëtte van Daal-Brienen, Coordinator of the Personal Injury Helpdesk and specialized in liability, insurance law, and personal injury. The content of this page is based entirely on the daily practice of Juliëtte's Helpdesk.
What customers ask
Sick due to an accident at work?
Sick due to an accident at work? What happens then? After all, many accidents happen during working hours, with both serious and less serious consequences.
How do you report sick?
You must report sick as soon as possible if you have become ill as a result of an accident at work.
How this works depends on the type of employment contract.
As an employee, you are always required to report sick to your employer, as per the terms of your contract. If you work through a temporary employment agency, you must report your illness to them.
What happens if you are ill for a long period of time due to an accident at work?
Are you experiencing long-term illness due to a workplace accident? Your employer will first consult a company doctor. Together with the doctor, you will discuss your return to work. If you are unable to return to your previous workplace after a workplace accident, the doctor will explore other options within the company. Later in the process, they will explore external options. It is mandatory that you cooperate with this reintegration process.
What are the consequences?
Are you an employee with a permanent contract? And did you report sick after the accident at work according to the company's absence protocol? Then you will continue to receive your salary. Your employer will pay your salary for a maximum of two years.
Do you work through a temporary employment agency or have an on-call or agency contract? They will continue to pay your wages during illness. The duration depends on your contract. If this obligation to continue paying wages ends, you will become subject to sickness benefits. You will then be entitled to 70% of your lastearned wages. This will likely have a significant impact on your wallet.
It's therefore crucial to be able to prove your employer or client's liability. If the company is liable, you can claim all personal injury damages from your insurer. It's crucial to properly substantiate your claims.
We understand you might need assistance with this. Our specialists are happy to help you recover your personal injury damages, free of charge and without obligation.
Want to learn more about the consequences of illness due to an accident at work? 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.
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.".
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 .
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.
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.
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:
