Personal injury as a self-employed person; always seek our legal advice

Injury, disability and liability

Are you self-employed and have you personal injury due to someone else's negligence or a workplace accident? Be careful, because you will suffer immediate damages!

Injury, disability and liability

If you suffer an injury due to someone else's negligence , it's understandable that you want compensation from the other party. This is especially true if you're self-employed.

If you sustain personal injury due to a traffic accident, workplace accident , or any other cause and become incapacitated for work, that is unpleasant enough. But for you as a freelancer (self-employed entrepreneur), this is even more unpleasant than for people in salaried employment. This is because your income is not paid during your incapacity for work, whereas that of “regular employees” is.

Unfortunately, few self-employed professionals have sufficient reserves in the current economic climate. Therefore, in the event of disability, you can immediately face financial difficulties. Consequently, you become immediately dependent on the liable party, usually an insurance company, for your income.

But even if you do have sufficient financial reserves, it's logical that you want compensation for your personal injury as a self-employed professional. After all, no one wants to drain their financial reserves due to someone else's fault.

For a self-employed professional, the question of who is liable for your injury and personal injury damages is more complicated than for an employee. Sometimes the law “helps” you in the same way as employees, but sometimes it does not. But if the party causing the damage is also your client, do you really want to hold them liable? After all, you also have a commercial relationship with each other. These are all difficult questions that we can help you with.

As a self-employed professional, you can our personal injury law firm . We'll work with you to ensure your injury is compensated by the other party. This will save you a lot of worry and hassle, allowing you to focus on your recovery and get back to work as quickly as possible.

As a self-employed person, you immediately suffer loss of income in the event of incapacity for work

If you become incapacitated for work, you will not receive any salary or income as a self-employed person. You are also not entitled to sickness benefits or any other benefit from the Employee Insurance Agency (UWV).

Some freelancers have their own disability insurance. But that insurance almost never covers your entire loss of income, let alone the ongoing fixed costs you face as an entrepreneur.

As a self-employed person, you therefore suffer losses in your income from day one (income loss), often without any significant benefit in return.

In addition, you, like any other personal injury victim, will face additional costs. As a self-employed professional, you are always entitled to compensation.

If your disability lasts longer than a few weeks, the problems will only get worse. Clients don't mind waiting a little while for you to recover. But that shouldn't take too long, because many others will be too. So even if you can work again, it's questionable whether you'll be able to generate sufficient income.

As long as you are unable to work, your income will have to be supplemented by the liable party. But the longer this takes, the more critical they become. Your opponent might argue that you would no longer be working as a self-employed professional at some point, even without the whiplash injury. For example, because there is no more work for you.

Or perhaps you had the prospect of a "permanent job" with one of your clients, and now that's not happening. Your counterparty might refuse to acknowledge this. Or they might make excessive demands on the evidence you provide.

It's therefore in your best interest to seek legal assistance if you've suffered a personal injury. At Van der Toorn Personal Injury, we're happy to help, and it won't cost you a thing ! We promise!

Personal injury and liability regarding self-employed persons

If you suffer personal injury as a result of a traffic accident, an accident with animals, a dog bite or another cause, the fact that you are a self-employed person does not affect your liability.

Your personal injury will then be assessed in the same way as anyone else's. Things become much more complicated if you, as a self-employed professional, suffer personal injury as a result of a workplace accident. Unfortunately, you don't always have sufficient legal protection in that case.

normal employer liability for personal injury resulting from an industrial accident

Article 7:658 of the Dutch Civil Code states that an employer is liable for an employee's personal injury resulting from a workplace accident. This provision is intended to legally protect an employee against workplace accidents resulting in personal injury.

In daily practice, an employer is almost always liable for the personal injury of their employee, especially when the employee can specifically blame their employer for the occurrence of the workplace accident.

liability for personal injury resulting from an industrial accident as a self-employed person

Many freelancers don't have disability insurance because it's unaffordable. These days, freelancers are increasingly hired to replace clients' regular staff. As a result, freelancers often do the same work as their employees.

However, in the event of personal injury due to a workplace accident, you as a self-employed person are legally much less well protected than your client's employees.

The legislature considered this situation undesirable. And the courts have followed suit over time, most recently in a Supreme Court ruling of March 23, 2012.

Personal injury due to a workplace accident: extra protection for self-employed persons

On March 23, 2012, the Supreme Court confirmed in a judgment that:

An employer can be held liable for personal injury resulting from a workplace accident involving a self-employed worker in the same way as for one of their own employees. This is especially true in situations where the self-employed worker is (partly) dependent on the employer for their safety.

In fact, what it boils down to is that if you have been hired by your client to perform work that is customary within their company, you are legally considered an employee.

What is important here is:

the actual relationship between you and your client
the nature of the work you perform
the extent to which your client – whether or not through others – has an influence on your working conditions and thus on the safety risks and
that it therefore concerns work that your client could also have had carried out by his own employees.

If you, as a self-employed person, are legally more or less equivalent to an employee, then the same provisions apply to you as an employee. Your client is therefore liable unless they demonstrate that:

he has taken all necessary safety measures
has given sufficient safety instructions or
the self-employed person has acted recklessly or deliberately.

This makes it much easier for you, as a self-employed professional, to claim damages for your personal injury resulting from a workplace accident from your client . And that's just as fair.

Calling in a personal injury agency quickly necessary

If you, as a self-employed person, suffer personal injury due to a workplace accident, traffic accident, or other cause, it is best to immediately seek the assistance of a personal injury agency.

If you have sustained personal injury due to a workplace accident, we will immediately set to work on the liability claim for you. This really must be done right away, because it usually takes quite some time before the opposing party's insurer takes the correct position. Such a discussion can – if things really go wrong – easily take several months.

If you have sustained personal injury due to a traffic accident, dog bite, animal , or any other reason, we can work with you to ensure that the liable party makes an initial payment on your compensation as soon as possible. This ensures that you do not face financial difficulties immediately.

But also to be well prepared for discussions about long-term income loss, it is wise to seek legal assistance immediately.

Because these discussions are simply too complicated for you. Your opponent deals with personal injury claims every day. And you—usually—are dealing with it for the first time.

You simply won't be able to win that argument with your opponent. And you really shouldn't want to, because it will cost you (too) much energy. Energy that would be better spent on your recovery than on an often frustrating legal dispute.

How much does it cost to hire a personal injury law firm?

At Van der Toorn Personal Injury, this costs you nothing. A liable party is also obligated to separately reimburse your legal costs (i.e., our fee) in the event of personal injury. This is legally stipulated in Article 6:96 of the Dutch Civil Code. Our assistance is therefore FREE for you.

Are there any “snags in the grass”?

No, because before we begin helping you with your personal injury claim, we'll give you a written guarantee that our assistance will be completely free of charge. You won't have to pay any of our fees upfront. In fact, you won't even see our invoices, as they're sent separately and directly to the other party. And they, in turn, must settle our invoices separately and directly with us.

And if the other party's liability is ultimately not established, or our invoices are not (fully) paid for other reasons, that's our business risk, not yours. We promise!

You'll receive a clear, written cost guarantee from us upfront. Peace of mind above all else, so you can fully focus on your recovery.

Suffering personal injury as a self-employed person? Request free advice!

If you're unsure about hiring a personal injury firm, ask us for advice. It's completely free and without obligation. You can fill out the form on our website, call us, email us, or even chat with us. Whatever works best for you.

We'll provide you with honest, well-founded advice. Afterward, you can decide for yourself what to do with it.

Van der Toorn Personal Injury is happy to help you, expertly and 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.

Great

Very competent and neatly arranged everything for me

Lisa
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
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
Very good

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

Anonymously
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
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
Pleasant experience

Unburdening, full service, professional and sincere.

Noud Wilders
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
Professional, Quality and customer friendly

a relief that everything was arranged so well

Simona van Halsteren
Good!

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

Eveline
that is very positive

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

Verhoef
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
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
Top

Professional, committed advisors and negotiators

John van Wichen
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
Satisfied

Very friendly and professional service

Silwa
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
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
Really nice.

I never had to worry about financial compensation.

Helene van der Meer

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