Personal injury due to an industrial accident involving an employee

Industrial accident? Contact a personal injury firm

Personal injury due to industrial accident of employee

If, as an employee, you personal injury due to a workplace accident, that is bad enough for you. If, on top of that, you also have to hold your own employer liable... then you had better call in the help of a personal injury firm!

Because in the event of personal injury due to a workplace accident, your employer is almost always legally liable.

And in the Netherlands, costs legal assistance you absolutely nothing! So why bother with all the hassle when you don't have to?

Personal injury due to an industrial accident involving an employee

If you an injury due to a workplace accident, you will suffer damages. We call this damage personal injury. Your workplace accident injury can include:

1. additional costs
2. loss of income (income loss)
3. compensation for pain and suffering (loss of enjoyment of life) and
4. your legal costs (read: our fee).

It's understandable that you want compensation for your injuries after a workplace accident, especially in the current economic climate.

Liability for personal injury due to industrial accident

Your employer is – legally speaking – almost always liable for a workplace accident resulting in personal injury. Legally, your employer is responsible for "setting up a safe work environment." This responsibility entails taking all necessary and possible safety measures, which include quite a few:

your workplace must be safe
your employer must provide sufficient safety equipment
you must have received sufficient safety instructions – repeatedly
your employer must take into account that these safety instructions are not always followed
the safety instructions must be checked regularly and
If possible, your employer must take out sufficient insurance for you.

If you suffer personal injury due to a workplace accident, your employer is always liable unless they can demonstrate that they have fulfilled all these obligations.

That sounds simple, but in practice, disputes often arise with your employer's insurer. If it's not about who's liable, then it's about the amount of your personal injury compensation. After all, an insurer has different interests than yours.

Personal injury due to industrial accident: the practice

If you suffer personal injury due to a workplace accident, your employer will always be liable, even if your injury was your own fault.

Because your employer's duty of care goes far beyond the obvious. When "setting up your workplace safely," they must also consider mistakes you might make. So, legally speaking, your employer is also held accountable for your mistakes. However strange and unfair that may seem at first glance.

Your employer must demonstrate that he has fulfilled all the aforementioned obligations. That he legally liable, .” Only then is he not liable. And legally speaking, that is almost never the case, because the law places very high demands on your employer.

These requirements may seem practically impossible for an employer to meet. Or even unrealistic in practice. But it's the content of the Act that matters, and it was written in your best interest as an employee. If you, as an employee, suffer personal injury due to a workplace accident, your employer is liable, whether they like it or not.

And your employer can easily insure themselves against liability. For your employer, it's often more of a sentimental issue than a legal or financial one. Understandable in itself, but legally and financially unjustified!

Types of industrial accidents

Personal injury due to a workplace accident can occur in a factory or workshop, on a construction site, in a warehouse, on location at another company, in the office, or even as a result of a traffic accident in which you are at fault.

An industrial accident can occur in so many ways that it is virtually impossible to list them all separately here.

If you have suffered personal injury due to a workplace accident and would like to know your legal options, it is best to contact us.

You can fill out the form on the website, call, email, or even chat. Whatever works best for you.

Then you can tell us how you sustained personal injury as a result of a workplace accident. We can then advise you whether your employer is liable or not. This way, you'll quickly find out if you're entitled to compensation for your personal injury. Simple and effective.

Example 1: Despite clear instructions, employer is liable for workplace accident
Example 2: Workplace accident caused by an aggressive resident of a care facility
Example 3: Statistics on workplace accidents resulting in personal injury in the Construction industry in 2009

Employer usually insured for personal injury

In the Netherlands, an employer is almost always liable for your personal injury resulting from a workplace accident. This is stipulated in the law (Article 7:658 of the Dutch Civil Code) and is purely intended to protect you as an employee.

Your employer can easily insure themselves against the risk of personal injury from a workplace accident, while you can't. And the premium for liability insurance for workplace injuries is very low for an employer, while it isn't for you. Any employer can easily afford that premium. You can't.

So, if you find yourself forced to hold your employer liable for personal injury resulting from a workplace accident, it won't cost your employer anything. They're insured for that, unless your employer has consciously chosen not to. But in that case, that would have been your employer's own conscious economic decision, and it wouldn't be fair for you to suffer as a result. Right?

Holding employers liable is not fun, but it is necessary

No one wants to hold their own employer liable for personal injury caused by a workplace accident.

You might have worked for the same boss for a long time and have a fantastic relationship with them. Or perhaps you've only just started working for your employer and are worried that your contract won't be renewed, that you won't be called in on a zero-hours contract or for extra hours, or perhaps you're even afraid of being fired.

These are all very understandable and valid thoughts. From a purely practical perspective, it's indeed not always in your best interest to hold your employer liable for your injuries from a workplace accident. Sometimes, in the long run, it can "cost you more than it earns," to put it bluntly.

But if you suffer personal injury due to a workplace accident and find yourself in financial difficulties, you're practically forced to do so, no matter how much you'd like to. And isn't it only reasonable to hold your employer accountable? Especially if they're insured for your personal injury, which is almost always the case.

Claim your workplace accident personal injury damages together

Van der Toorn Personenschade has been the leading specialist in personal injury and workplace accidentsWe are ideally suited to assist you in claiming compensation for your personal injury resulting from a workplace accident.

Because we're not only legally strong, but we also understand the human side of your personal injury claim like no other. No one wants to hold their own employer liable for injuries sustained in a workplace accident. We take that into account. In fact, we'll work with you from the very first meeting to:

whether it is wise in your case to hold your employer liable
and if so, how we can best do that for you.

Together with us, you determine the course of action, and when it becomes clear that the chosen course is no longer in your best interest, we'll reconsider together what's wise. And if that means we have to stop supporting you at any time in your best interest—for example, because your employer is putting undue pressure on you—we will. Without complaint and at no cost to you. Because it's about your interests, not ours! We advise, and you decide. We promise!

Industrial accident: contact a personal injury agency!

Because you have enough to worry about with personal injury caused by a workplace accident, it is almost always in your best interest to engage a personal injury agency.

You probably don't have enough knowledge of personal injury after a workplace accident, or at least less than your employer's insurer.

And you may not feel like having to deal with your employer's insurer yourself every time.

You don't need to worry about hiring a personal injury firm. Especially when you've suffered personal injury from a workplace accident, it's very common (and wise) to seek assistance from a personal injury firm.

In fact, Dutch law even stipulates that in the event of personal injury resulting from a workplace accident, the costs of the personal injury firm you engaged (read: our costs) must also be reimbursed by the opposing party. This means that our legal assistance is completely FREE for you.

And an employer is almost always insured against the risk of personal injury from a workplace accident. So they don't have to pay for your personal injury themselves. Their insurer will. Or, as they say: "it's insurance work." So you don't have to worry about that either!

Personal Injury Agency with Cost Guarantee

If you ask us to help you claim damages for a workplace accident, we're happy to oblige. We'll provide you with a clear, written Cost Guarantee upfront.

For our costs must also be paid by the opposing party, and separately from the rest of your personal injury claim. This is stipulated in Article 6:96 of theDutch Civil Code. And if the opposing party does not reimburse our costs, or does not reimburse them in full, then that is our problem, not yours.

You'll never receive a bill from us, not even afterward. If you'd like, you can read more about our FREE legal assistance for personal injury resulting from a workplace accident here.

If at any point you decide not to hold your employer liable, for example, because they're exerting undue pressure on you, you can do so without any problem. Even then, you won't receive a bill from us. After all, free is free, and those few times a year when this happens...? Oh well, we'll survive.

Do you need advice on personal injury?

Have you suffered personal injury due to a workplace accident and need personal injury advice? Feel free to contact us. You can do so via the form on this page, by email, by phone, or even by chat. Whatever works best for you.

We'll provide you with a completely free consultation, with no obligation whatsoever. You can then decide for yourself what to do with it. If you ask us to help you claim compensation for your workplace accident, we'll be happy to do so. And it won't cost you anything, because our bill will go to the other party. We promise!

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).

upfront written cost guarantee 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 due to the fault of another person injury (been injured)

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 as soon as possible contact

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 without obligation us

We'll give you right away advice clear. 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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Very competent and neatly arranged everything for me

Lisa
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.

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

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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

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I never had to worry about financial compensation.

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that is very positive

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

Verhoef
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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!

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

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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.

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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!

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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
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Professional, committed advisors and negotiators

John van Wichen
I recommend this company

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a relief that everything was arranged so well

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