What customers ask
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 expert to consult
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.
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.
Forklift accident, is the company liable?
A forklift accident can easily happen, as many things can go wrong. For example, defective equipment could be involved, or the load could shift. Therefore, driving a forklift is quite risky.
When is the company liable?
An employer must, in any case, take measures to prevent forklift accidents. The employer has a duty of care towards its employees. For example, it's important that the employer provides clear instructions and carries out regular inspections on the work floor.
Furthermore, it's important that the employer ensures the safest possible work environment. Besides instructions and inspections, the employer can implement adjustments to make the workplace safer, such as providing sufficient space on the work floor and ensuring well-trained drivers. This can prevent accidents and collisions involving forklifts. If an employer could have done more to prevent a workplace accident, the company can be held liable in the event of a forklift accident.
In summary, the most important things for an employer to do to prevent a forklift accident are:
– Good material
- Provide good instructions and carry out checks
- Sufficient space and good infrastructure on the work floor
– Drivers must have the appropriate training and certificates
If your employee fails to comply with the above duty of care, you have a good chance of successfully recovering your personal injury damages.
Calling for assistance after an accident involving a forklift truck
As an employee, it's often difficult to hold your employer liable after a forklift accident. It's unfamiliar territory, and you often don't know how to handle the situation. Have you had an accident with a forklift? Then, in many cases, it's very wise to engage a personal injury specialist. After all, the employer has many duties and responsibilities regarding safety. And in most cases, they are liable. Unless there's recklessness or intent, which almost never happens!
Feel free to request a free, no-obligation consultation from us. This doesn't obligate you to anything, and you'll know exactly where you stand. Our specialists are happy to assist you.
Want to learn more about liability after a forklift accident? Click here .
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 .
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.
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.
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