Find out what an industrial accident is and what to do!
What is an industrial accident?
If an accident occurs at work and it causes damage to your health, this is called an industrial accident.
Fortunately, things usually turn out well. But what if, after a workplace injuries that don't heal quickly? Who will pay your costs? And what if you also lose income?
It is good to know that you have “extra legal protection” after a workplace accident. Your damages must almost always be compensated!
On this page, we explain what a workplace accident isand what you should do after an accident.
Always ask for advice. With us, it's completely free and without obligation.
We can almost always tell you immediately whether it's a workplace accident and who should compensate you for your damages. You can then decide for yourself what to do with our advice.
What is an industrial accident?
Any accident at or through your work that leads to damage to your health (injury) is an industrial accident.
An industrial accident usually occurs due to “unsafe conduct” or an unsafe situation.
Even if the accident happened at another work location, or even en route, it is still considered an industrial accident.
The most common industrial accidents in the Netherlands are:
- pinching of the body
- fall from height
- heat/temperature injuries
- vehicle accident/equipment (forklift, pallet jacks, etc.)
- being hit by an object
- sustain injuries due to high pressure
- cut or bumped into something
- contact with electricity, heat, cold or hazardous substances
- traffic accident on public roads
- physical overload
- being hit by an object
- slip, trip or other fall
- accident with a forklift or conveyor belt
- injuries from a non-switched off machine or a rotating part of a machine
- pinching between machine and another object
- machine accident
- and all other accidents at or through work.
An industrial accident can occur at various locations, such as:
- within the company
- at the office
- on a (construction) site
- on someone else's business premises
- during roadworks
- on public roads
- while working from home
- or anywhere you need to be for work.
What is injury after a workplace accident?
If an accident at work leads to damage to your health, it is called an industrial accident.
Damage to your health actually means "injury." Injury is the collective term for all bodily harm that causes medical problems and requires medical treatment.
This does not only concern “visible injury”. Injury that is not directly “visible” or “measurable” (for example, nerve damage, whiplash, forgetfulness, headaches, and concentration disorders) is also considered injury.
If you have suffered an injury in a workplace accident, it is very important that you seek immediate medical treatment.
Common injuries after a workplace accident
The injuries listed below are the most common after an industrial accident:
- head injury or neck injury
- injuries to the arm, hand, wrist and fingers
- bruise of arm, hand, wrist and fingers
- finger amputation
- hand fractures
- finger fractures
- burns
- concussion
- eye injury
- fractures of the leg, ankle, foot and toes
- knee injury
- sprain or strain
- injuries to feet and toes
- wrist fracture
- dental injury
- pelvic fracture
- heel fracture
- internal injury
- back injury
- broken vertebrae
- whiplash
After a workplace accident with injury, you will almost always receive medical treatment.
Often, this will be from an emergency response officer first, but then from the Emergency or your own GP. Sometimes you even need to be admitted to the hospital for surgery or other procedures.
A workplace accident resulting in injury almost always causes financial damage. Not only your deductible on your health insurance, but also other costs of a medical nature, assistance, and care.
In the current climate, there is also a high probability that you will not receive 100% of your income in the event of incapacity for work. Then you will miss out on income. And what then?
Do you want to know whether your accident was a workplace accident?
Are you wondering whether the accident you had is a workplace accident ? Or exactly how things stand regarding your injuries and financial losses? Then do not hesitate to ask us for advice. Our advice is completely without obligation and costs nothing.
We can almost always tell you immediately whether it is indeed a workplace accident and whether this gives you additional legal protection.
We can also immediately advise you on what you should be aware of regarding your injuries (including financially). You can then decide for yourself what to do with our advice.
Because you have extra legal protection, your damages should be compensated in 99% of cases. It's wise to seek legal assistance for this
With us, this legal assistance is 100 % free of charge . Our costs are paid by the other party, separately from your own compensation claim.
Additional legal protection after a workplace accident
If you suffer a workplace accident as an employee , but also as a temporary worker on a zero-hours contract , or even as a self-employed person , the Act grants you “additional legal protection”. This is stated in Article 7:658 of the Dutch Civil Code .
This “extra protection” means that your financial damage after a workplace accident must be compensated in 99% of cases.
This additional legal protection arises because in the Netherlands an employer is almost always legally responsible for an industrial accident.
Even if your employer was actually completely at fault, or if the workplace accident was caused by a colleague or an employee of another company.
In fact, even if you caused the workplace accident yourself, your employer is liable in 99% of cases. That's simply how the law works.
At first glance, that might seem "unreasonable" or even "unfair." But fortunately, your employer is almost always insured for your financial losses. Your employer doesn't have to compensate you for your losses themselves.
Of course, you don't want to hold your own employer liable. But unfortunately, there's no other way to recover your financial losses.
After a workplace accident, always ask for advice!
Have you had a workplace accident ? Want to know if you're eligible for compensation? Don't hesitate to contact us for advice.
Our advice is 100% free and without obligation. We can immediately tell you where you stand and whether it's in your best interest to seek legal assistance
After that, you can decide for yourself what to do with our advice. And would you like us to help you with your financial loss? Then that is 100% free of charge. After all, our costs must also be reimbursed, separate from your own compensation.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Compensation after a workplace accident: How it works.
As already mentioned, you can be compensated for your financial losses after a workplace accident in 99% of cases. Unfortunately, this does not happen automatically, and you will need to take action regarding this with your employer.
The action you need to take is to hold your employer liable. It's not a pleasant thing for you as an employee to do, but there's simply no other way.
As an employee, you only have to “state” that you suffered an injury at work and that working conditions played a role in this.
Your employer must then prove that they have taken "all necessary safety measures." If they fail to do so, they are 100% liable.
Wondering if your employer is liable for your workplace accident ? Don't hesitate to seek legal advice. It's completely free and without obligation.
Based on our expertise, we can almost always tell you immediately what the situation is and what your options are.
Employer almost always insured
Legally speaking, your employer is almost always liable for a workplace accident. However, many people find it emotionally unpleasant to hold their own employer liable. Or they think it will disrupt the working relationship.
It may be reassuring for you to know that your employer is almost always insured against personal injury resulting from a workplace accident.
Your employer doesn't have to pay for your personal injury damages themselves. Their insurer does. Essentially, after you've filed a claim, it's simply and purely an "insurance matter.".
Your employer reports the accident to their insurer, who then handles the matter from there. Your employer remains completely out of the picture, both substantively and financially.
Because we have so much experience with personal injury victims who have suffered a workplace accident, we know exactly how it works and what is best for you.
That's why we'll always work with you to maintain a good relationship with your employer. Because that's what benefits you most. Once your employer is held liable, the remainder of your personal injury claim will be handled by their insurer.
Are you finding it difficult to hold your employer liable? Or are you wondering how to do it? Don't hesitate to contact us for advice.
We can almost always tell you right away – based solely on your story – what's best for you. And whether it's better to seek assistance. Our advice is free and 100% non-binding.
And will we help you with your personal injury claim? Then our assistance is guaranteed free of charge. We promise!
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- "A professional yet personal way of working where the customer is central."
- "They provided excellent input."
- "I was very well informed about the options."
Compensation after a workplace accident
A workplace accident almost always results in financial damage, which must be compensated by your employer's insurance company.
Your compensation will normally consist of compensation for:
All your additional costs and compensation for assistance and informal care
- costs associated with a hospital stay
- transportation costs of relatives in connection with hospital visits and rehabilitation, etc.
- own transportation costs in connection with medical treatments, etc.
- deductible health insurance
- medical expenses
- costs of non-fully reimbursed medical treatments (e.g. physiotherapy)
- personal contributions for medical treatments and medication
- cost of resources
- costs of adjustments
- costs of domestic help and other family assistance
- compensation for relatives for informal care (nursing and care)
- garden maintenance costs
- maintenance costs in and on your home and
- all other costs related to the accident.
Useless expenses
Did you incur costs for certain things before the accident? But do you actually have no use for them after the accident? Then those costs are also eligible for reimbursement!
Although liability insurers sometimes make things difficult regarding this, fall under your personal injury claim. This may involve:
- already paid contributions for your sports club, gym or other paid hobbies and activities
- tickets already purchased for sports matches, cinemas, festivals or other entertainment venues
- the ongoing rental of services or items that you can no longer use due to your injury
- already booked and paid holidays that can no longer be cancelled without additional costs
Loss of income
- you are not paid at all (0%) by your employer
- your employer only pays you partially
- You have work through a temporary employment agency and you immediately receive sickness benefits with only 70% of your income
- you work on a zero-hours contract and are no longer called up and paid
- you have an on-call contract and are no longer called up (extra)
- your annual contract is extended due to your injury
- you are dismissed during your probationary period
- you miss overtime, irregular hours allowance or extra scheduled working days
- you receive no or less profit sharing, bonus or performance bonus
- you are missing time-for-time build-up
- you miss out on a promotion or salary increase
- etc.
Pain and suffering compensation
After a workplace accident resulting in injury, you are also always entitled to compensation for pain and suffering (non-material damages).
Pain and suffering compensation is compensation for “lost and future loss of enjoyment of life”. It is financial compensation for all psychological consequences of your injury.
Determining damage items one by one
All the mentioned “damage items” must be determined one by one throughout the entire personal injury claim process. Moreover, it is possible that your employer’s insurer has a very different view of your financial loss than you do. And then what?
In addition, you'll quickly become dependent on the compensation your employer's insurer is obligated to pay for a long time. In that case, you'll need your compensation even more.
We know from experience that assessing personal injury damages is very complex, and the average personal injury victim can't do it themselves. This is especially true if your injuries are more severe and your financial losses could increase significantly.
That's why we always recommend seeking legal assistance in the event of an injury after a workplace accident. Only then can you be sure there's someone looking out for your best interests. And that you'll receive what you're entitled to: fair and maximum compensation.
Because legal costs (read: our costs) are part of your compensation, you can always seek legal assistance. And it won't cost you anything!
Van der Toorn Personenschade is the leading personal injury firm in the Netherlands. More than 20 experienced and seasoned personal injury specialists are ready to assist you in claiming your compensation. And it costs you nothing!
Therefore, always request a free consultation. You'll immediately hear about your compensation and your rights. You can then decide for yourself what to do with our advice!
Are you looking for more important information about industrial accidents?
Never any legal fees (100% free)!
The law states that you are also entitled to reimbursement of your legal costs (read: our costs).
These costs must also be reimbursed by your employer's insurer, separately from your own compensation.
This allows you to engage an advocate yourself, free of charge and without risk. Someone who is there solely for you. To help you and to represent your legal and financial interests.
This is the only way to avoid the risk that your employer's insurer will take positions that are incorrect or to your disadvantage, without you realising it.
From the very first contact, we can assure you that our assistance will be 100% free of charge. We guarantee this in writing in our first email. So you don't have to worry about the costs. Our assistance is always safe for you, right?
Sometimes the employer reimburses damages "out of his own pocket"
In practice, it also sometimes happens that an employer wants to compensate the damage himself.
This has the “advantage” that you do not have to hold your employer liable and that your damages are compensated immediately and “without any hassle”.
Yet, this is almost never in your best interest. It might be if your injury has fully healed within a few days, and your damages are limited solely to your health insurance deductible.
However, if your injury takes longer than a few days to recover from, or if it's not yet certain you'll fully recover, and your damages exceed tens to hundreds of euros, you should never rush into this.
Does your employer want to pay for your damages out of pocket? Always seek advice first!
Are you wondering how best to get your damages compensated? Or whether it's wise to settle your claim directly with your employer without legal assistance?
Then don't take any risks and ask us for advice. This is 100% without obligation and free of charge for you.
We can almost always tell you right away what's best for you. Then you can decide for yourself what to do with our advice.
Do we think you'd be better off with legal assistance? We'll let you know. And rest assured: if we help you with your personal injury, it's 100% free of charge.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
An industrial accident - what now?
What is an industrial accident: what to do after an industrial accident
After a workplace accident, you will quickly sense whether your injury is not that bad or whether there is a real problem.
In any case, make sure you report the accident to your employer. Your employer is generally required to keep an accident report
Depending on the severity of your injury, your employer may also be required to report your workplace accident to the Labour Inspectorate (Inspectorate SZW)
If necessary, you can also report the accident yourself. In fact, we can even do it for you, if legally necessary.
In any case, it is in your interest if colleagues or other witnesses might be willing to provide a statement about what happened.
What is an industrial accident: medical
Have you suffered more than a single scratch or bruise as a result of an industrial accident?
In that case, it's wise to visit your GP, an out-of-hours GP, or a hospital that same day, but no later than within 24 hours. Be sure to inform your employer and tell the doctors what happened.
What is an industrial accident: seeking legal advice
After an industrial accident, seek personal injury advice.
We can almost always tell you immediately what's best for you and what's most in your best interest. This advice is FREE and without obligation.
We certainly don't always advise everyone to immediately hold their own employer liable. Or to immediately seek our expert assistance – which is 100% free of charge for you, by the way.
Because sometimes it's not (yet) necessary or not in your best interest for some other reason. We'll let you know in that case as well.
Together, we'll determine what's best for you, and we'll explain why. We'll always discuss everything thoroughly and thoroughly, and everything will remain 100% confidential between you and us.
Based on your story, the severity of your injury, and the financial implications, we may advise you to wait and see how things progress. We will maintain regular contact with you in the meantime. This is, of course, completely free of obligation and without obligation.
But it could also be that it's crucial not to wait too long to hold the employer liable. And to seek our legal assistance in doing so. You'll hear from us about that too. Even then, you can decide for yourself what to do with our advice.
Will we help you with liability and assessing your personal injury damages? We promise in writing that our assistance will be 100% free of charge
Our costs also have to be reimbursed by your employer's insurer, separately from your own compensation. So you don't have to worry about that at all.
What is an industrial accident: keeping track of personal injury claims
In the meantime, it's important to keep track of all your additional expenses, lost income , and the amount of help you receive from others. Because the other party will have to reimburse all of this.
What is an industrial accident: actually seeking legal assistance
Does it appear that your injury actually causes more damage than a few tens or hundreds of euros?
Or do you and we both conclude that it's better to pursue your compensation claim anyway? Then we're happy to help, and it won't cost you a thing.
Together, we'll hold your employer liable, without any hassle or fuss. We'll then ensure you receive maximum and fair compensation for your personal injury. You can count on that!
Always ask for personal injury advice
Have you had a workplace accident ? And suffered an injury? Always ask for advice!
Feel free to contact us. You can do so directly via WhatsApp, by phone, or through the form on our website. Whatever works best for you.
We'll give you honest and clear advice. And that doesn't obligate you to anything. Afterward, you can decide for yourself what to do with our advice.
And can we help you with your personal injury claim? We'll provide you with a written cost guarantee right away.
It states that our assistance completely free of charge , even if liability is unexpectedly not established.
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
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.
Stories from the field
That conveyor belt just pulled two of my fingers along with it…
As a temp, I was assigned to work on a sort of assembly line. They explained to me that I had to clean the conveyor belt occasionally, otherwise it would get too cluttered and jam. After a week of working on the conveyor belt, I noticed it was starting to malfunction.
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