Industrial accidents and personal injury

After industrial accidents, there is almost always a right to personal injury compensation!

Industrial accidents, personal injury and liability

Industrial accidents, liability and personal injury in brief:

In the event of industrial accidents, employees can hold their employers liable.
Employers are almost always liable for industrial accidents.
Employers have a duty of care to prevent industrial accidents.
This duty of care is so extremely “heavy” that it is almost impossible for employers to comply with it.
Employees “only” need to indicate that they sustained injuries due to a workplace accident and that working conditions played a role in this
Employers must then demonstrate that they have fulfilled all their care obligations. Failure to do so will result in liability.
Employers' duty of care in workplace accidents is extremely comprehensive. The "legal assessment" is far removed from daily business practices.
So even if employers can do absolutely nothing about workplace accidents, they are almost always fully liable.
Employers are also liable for mistakes made by your colleagues.
Employers are even liable for industrial accidents that are caused by the employees' own fault.
Legally, it is intended that employees should receive additional legal protection in the event of industrial accidents.
Approximately 99% of employers are insured against industrial accidents.
Employers don't have to pay for injuries from workplace accidents themselves. Their insurer does that.
However, insurers often know much more about personal injury than you do. You are the "weaker party.".
Therefore, employees are also entitled to free legal assistance. This is stipulated in the law.
The costs of legal assistance in the event of industrial accidents should also be reimbursed by the liable insurer!
So ALWAYS seek legal advice. It's free, and we'll use our expertise to tell you exactly what you can expect.

Industrial accidents

Many employees suffer injuries every day due to workplace accidents. This can happen at their own workplace, work floor, or another location. Or they may be on the road.

In most cases, the injury is minor and the outcome is favorable. However, especially in workplace accidents, the injury is often more serious and can lead to permanent damage.

Injuries can vary, from simple bruises or wounds to whiplash, neck injuries, broken bones, amputations, burns, inhalation of toxic substances, and unfortunately, even death.

Does your injury have financial consequences? Then you can hardly avoid holding your employer liable for your financial loss (personal injury). After all, not many people are able to bear their own financial losses.

After a workplace accident, always seek personal injury advice. We'll inform you immediately about your legal options.

Employer almost always liable for industrial accidents

In practice, it is almost impossible for employers to avoid liability.

An employer can only succeed in this if they can prove that you acted with deliberate recklessness or intent (which is almost never the case), or that the workplace accident could not have been prevented even if all possible precautions had been taken.

If your employer is liable for your personal injury, you are legally entitled to free legal assistance from a personal injury agency.

So, always seek legal advice. It's free, and you'll immediately know what options are available.

Employer's statutory duty of care

The legislation on occupational accidents discusses the statutory duty of care of employers.

The bottom line is that your employer must have done everything possible to prevent industrial accidents.

Employers' duty of care is enshrined in Dutch law and regulations. This duty of care is so comprehensive that it is nearly impossible for employers to demonstrate that all precautions have been taken. Consequently, employers are liable for most workplace accidents.

Burden of proof in industrial accidents

In the case of workplace accidents, the burden of proof always lies with the employer. You simply need to provide a reasoned statement that:

you had an accident at work
you suffered injuries and
the working conditions played a role in this.

If you succeed, your employer will be liable for your personal injury. Should your employer wish to dispute liability, the burden of proof lies with them.

Your employer must demonstrate that:

he did everything he could to prevent the industrial accident
he would otherwise not have been liable or
you caused the workplace accident yourself through intent or reckless behaviour (and that is rarely or never the case).

Legal assistance for industrial accidents

As you can see, employers have a significant obligation to prevent workplace accidents. As an employee, it seems like you're more or less automatically protected by our legal system after a workplace accident. And that you'll therefore more or less automatically receive fair compensation. Unfortunately, that's not the case.

Of course, your employer is almost always insured for the financial consequences of a workplace accident. This is, in one sense, very convenient. Because your employer doesn't have to pay for your personal injury out of pocket, and you don't have to argue with your employer yourself.

On the other hand, you'll be dealing with an insurer who is much more expert than you, and who also has very different financial interests.

Everyone knows what insurers are like. Especially when it comes to workplace accidents, they still take positions that are simply legally flawed. Almost always "against their better judgment" and solely to avoid paying compensation. So, even when it comes to liability, you can no longer do without legal assistance.

Even in workplace accidents where liability has been acknowledged, you can't do without a qualified and experienced personal injury firm. When assessing your personal injury damages, you'll also be dealing with an insurer who has a very different perspective on the financial scope of your injury than you do, especially in the case of permanent injuries.

Because you know nothing about personal injury, you're not sufficiently equipped to judge whether the other party is adequately considering your interests. Therefore, always contact a qualified and experienced personal injury firm . It's in your best interest!

Always contact a personal injury agency

Insurers are highly experienced in handling workplace accident claims. But insurers simply have different interests than you.

Therefore, you cannot count on receiving fair compensation "automatically" and "without discussion." That's simply not how insurers work.

That is why it is always necessary to engage a personal injury firm. Only then can you be certain that there is someone on your side who is acting solely in your best interests. And if, legally speaking, our costs must also be reimbursed by the opposing party, what is stopping you?

Together, we'll ensure liability is acknowledged. And together, we'll accurately calculate your total personal injury damages and file a claim on your behalf with the liable party. This way, you can be sure you'll receive fair compensation. And it won't cost you a thing.

FREE help with personal injury

Victims of workplace accidents are entitled to reimbursement of their legal costs. This is stipulated in Article 6:96 of the Dutch Civil Code. This effectively makes our assistance completely free of charge (FREE).

Van der Toorn Personal Injury even goes a step further. If we believe we can help you, we'll provide you with a written cost guarantee.

Are our costs not fully reimbursed by the other party? Or is liability still not established? Then our cost guarantee comes into effect. In that case, you will not receive an invoice from us. We promise!

Have you suffered personal injury after a workplace accident?

As you can see, the settlement process for personal injury claims resulting from workplace accidents is quite complicated. Despite the fact that you, as a personal injury victim, enjoy extra legal protection.

So don't take any risks and seek legal advice. This doesn't obligate you to anything, but you'll know exactly where you stand. It's reassuring.

And can we help you further with your personal injury claim? We'll provide you with a written cost guarantee right away. Our help and support are always completely free of charge (FREE).

If you 've suffered personal injury from a workplace accident, you can't do without legal help. You'd be doing yourself a disservice.

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.

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