Salary after industrial accident

After an industrial accident, you do not receive your salary

Your financial rights if your salary is not paid after a workplace accident.

Salary not paid after industrial accident

Salary after a workplace accident – ​​Is your salary not being paid after a workplace accident? Then you are facing loss of income. And what then?

Many people receive their full salary after a workplace accident, at least for the first year. But what if that's not the case for you? Who will compensate you for your lost salary?

Are you unable to work due to a workplace accident? And is your salary not being paid (in full)? Then you're immediately losing income.

Someone has to compensate you for your lost wages, but who? And how? You'll read that your employer is responsible for your lost wages after a workplace accident.

However, it is not only your unpaid salary that must be compensated. Your other financial losses following a workplace accident must also be paid through your employer. These include extra costs, allowances for informal care, but also your non-material damages (read: pain and suffering).

However, the way in which your unpaid wages are compensated after a workplace accident is an "annoying" one. To qualify, your only option is to hold your employer liable. Unfortunately, there's no other way.

But don't worry. Nine times out of ten, your employer is insured for your financial losses after a workplace accident. This includes not only your income loss (unpaid wages), but also your expenses, etc.

In this case, it's very much in your best interest to seek legal assistance . Because the process of holding someone liable and determining your unpaid salary involves a lot.

Therefore, don't wait too long to seek specialized legal assistance. The longer you wait, the harder it will be to recover your lost wages after a workplace accident.

Ask for here advice if your salary is not being paid following a workplace accident. This is entirely without obligation for you. Feel free to tell us what happened, and we will immediately inform you of your rights and the best course of action.

After that, you can decide for yourself what to do with our advice. And if you ask us to help you recover your lost wages after a workplace accident, we guarantee that our assistance will be 100% free of charge . We promise!

Employer responsible for unpaid wages after industrial accident

After a workplace accident, your employer is almost always responsible for any lost wages. That might sound a bit odd, because why doesn't your employer simply pay your full salary?

That's a bit of a strange thing, because according to labor law, an employer may only continue to pay salary if this has been contractually agreed.

Does your employment contract stipulate that you don't have to receive (full) pay in the event of disability? Then your employer won't be obligated to continue paying you, even if your disability is caused by a workplace accident.

So how do you get your salary paid after a workplace accident? It's a different story. It's through your employer, but via the "liability route.".

In the Netherlands, an employer is almost always liable for the financial consequences of a workplace accident. This applies even if it is the employee's own fault, or if the accident was caused by a colleague or a person from outside the company. In fact, even if it is your own fault or if no one could really have done anything about it, your employer is liable for a workplace accident. temporary agency workers and often even to -employed professionals The exact same applies

So yes, your employer is liable for unpaid wages after a workplace accident. However, they are not allowed to continue paying your wages in the normal way. Therefore, you must hold your employer liable.

Disability has a particularly severe financial impact. If you can no longer work, your employer may continue to pay you. But often—especially with temporary contracts—this isn't the case. You might be entitled to sickness benefits, but those are only 70%. So, you'll inevitably lose a portion of your income. Most people can't sustain that financially for long.

Regardless of how the workplace accident occurred, your employer is almost always liable. Fortunately, almost all employers in the Netherlands are insured against this risk. Your employer therefore never has to pay for your damages themselves. Their insurer does that.

This insurer will have to compensate you personal injury . If your salary is not paid after a workplace accident, this will often be the largest liability.

What is the loss of income in case of disability?

If your salary is not paid after a workplace accident, you'll inevitably face income losses. Perhaps not from the first day, but certainly over time.

After a workplace accident, you are eligible for compensation for your loss of income. This loss of income can be claimed as part of your total personal injury compensation claim. For example, you may be faced with:

  • Limited payment of salary (for example a maximum of 70%).
  • Your temporary contract will not be extended.
  • You are dismissed during your probationary period due to your disability.
  • You lose irregular hours allowance, overtime, tips or extra scheduled work days.
  • You have to give up days off or take days off to avoid having to report sick
  • Sometimes, in the event of disability, you are not entitled to your bonus, profit sharing bonus, gratuity and/or profit sharing.
  • In the event of long-term disability, you may miss out on pension accrual.
  • This could involve missing out on salary increases
  • You may miss out on a promotion to a higher position.
  • Are you long-term incapacitated for work? Then you can qualify for WIA (Work and Income according to Capacity for Work) or WW (Unemployment Benefit), with only 70% of your income.
  • Etc.

All these components of your salary can be claimed from the liable party. But they will almost never come up with this entirely on their own. So what then? Do you know your rights? Are you disabled due to a workplace accident? Engage a specialized personal injury firm to compensation after a workplace accident secure

Not only loss of income after a workplace accident

If you've suffered a workplace accident, it's not just your lost wages that are eligible for compensation. You're also entitled to compensation for all additional costs incurred, other damages, and compensation for pain and suffering. Additional costs and other damages include:

  • Medical expenses.
  • Transportation costs.
  • Cost of medical devices.
  • Deductible health insurance.
  • The costs of domestic help.
  • A compensation for informal care.
  • Costs of home care.
  • Costs of adapting the home.
  • Costs of garden maintenance.
  • Costs of maintenance of your home.
  • Additional costs due to study delay.

Personal injury advice essential!

Unpaid wages after a workplace accident? Don't hesitate to contact us for legal advice. It's free, and you'll know exactly where you stand.

Curious about what we can do for you? We'd be happy to tell you.

We'll take all the legal work and hassle off your hands and guide you step by step through the claims process. From the initial, no-obligation assessment to filing a claim for liability. And from calculating your personal injury damages to the settlement. In short, we take care of everything for you, and it doesn't cost you a thing! Because our costs are also covered by the other party.

It's best to tell us here what happened

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:

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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