What to do in case of an industrial accident

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What to do in case of an industrial accident

It's not easy to tell you exactly what to do in the event of a workplace accident. It all depends.

Have you workplace accident injuries ? Then you are quickly faced with financial damage.

It is not just about extra costs. If you can no longer work, it is also about lost income.

Has your injury not healed within a few days or weeks? And is there financial damage or lost income? In that case, always contact us first for expert advice.

Our advice costs nothing, is 100% without obligation, and you know exactly where you stand immediately. And should it turn out you legal assistance need , legal help is guaranteed to be free of charge for you. Without “fine print” or “hidden catches”.

What is an industrial accident?

If you have an accident at work and suffer damage to your health (injury), this is considered an industrial accident.

This could be at your workplace or office. But it could also be at another work location, at another company, or even while traveling. Most workplace accidents end well. However, approximately 93,000+ injuries each year result in more than a week's absence.

If your injury heals within a short time, there is not much to worry about.

But what if you do not recover quickly, become incapacitated for work, extra costs incur less income ? Then the question “what to do in the event of a workplace accident” is a very important one!

An employer is almost always liable

Dutch law is very strict for employers. Legally, an employer is almost always liable for a workplace accident, even if they had no control over it.

In fact, even if the workplace accident was your own fault, your employer is almost always liable as well. That is simply how the law states (Article 7:658).

In that case, you'll essentially have to hold your employer liable. Unfortunately, there's no other way to recover your financial losses.

How an industrial accident works legally

As an employee, you essentially only need to state ("assert") that you sustained an injury at work and that working conditions played a role in that injury.

Your employer must then – from a purely legal point of view – prove that:

he has taken all necessary safety measures
you have always given sufficient instructions and
has always ensured that those instructions were actually followed.

If the employer is unable to provide such hard evidence, he is 100% liable.

This isn't about "how things are at work" or whether it's practically realistic to blame the employer. It's about a "purely theoretical" assessment framework.

Can your employer be held even "theoretically reproachable" "on paper"? Or has even one measure been violated or repeatedly inspected? Then your employer is liable. Period, and no matter how unreasonable or even "unfair" that may seem at first glance.

Fortunately, your employer does not have to compensate you for your financial loss themselves. More than 99% of Dutch employers are insured against personal injury caused by a workplace accident. That may be reassuring for you to know.

What to do after a workplace accident? Always ask for advice!

Wondering what to do after a workplace accident? Don't hesitate to ask us for advice right away. It's 100% free and without any obligation.

Based on our expertise, we can almost always tell you immediately what the situation is and what your best course of action should be. Afterward, you can decide for yourself what to do with our advice.

And if you ask us to help you with the liability and your financial loss, we guarantee you immediately during our first contact that our assistance completely free of charge will be

Our costs must also be reimbursed by your employer's insurer, separately from your own compensation.

What does compensation after an industrial accident consist of?

Your compensation after a workplace accident may consist of the following "damage items":

Direct costs
Medical expenses
Costs of a hospital visit
Hospital admission costs
Transportation costs and parking costs
Costs of assistance and care
Reimbursement for informal care provided by relatives
Costs for resources
Domestic help
Additional costs for home maintenance
Additional garden maintenance costs
Costs of adjustments
Unnecessarily incurred costs
Additional costs of long-term stay at home
Income not fully paid
Lost income with a zero-hours contract
Lost income as a temporary worker
You are missing irregular hours allowance, shift allowance or other allowances
You are dismissed during your probationary period
Your temporary contract will not be extended
You are not paid for scheduled work hours or are no longer scheduled
You are missing a promotion
You are missing time-for-time build-up
You are missing a performance bonus or profit sharing
Missing company car
(sometimes also) income from undeclared work
Increased vulnerability in the labor market
Study delay/backlog
Non-pecuniary damages
Costs of legal assistance (read: our costs)

Your employer's insurer must also reimburse your legal costs (read: our costs). As a result, you are effectively entitled to 100% free legal assistance. This is stipulated in the law.

Determining your personal injury damages and compensation for pain and sufferingis a complex process. In fact, you cannot do this yourself. That is precisely why engaging legal assistance is so important for you. Especially since our help will cost you nothing.

Can't I get my damages compensated in another way?

As you have seen above, financial damage occurs very quickly following a workplace accident . And your financial loss also very quickly amounts to substantial sums.

often tell People us they don't actually want to hold their employer liable at all. They think it's unfair, it resembles a claim-making behavior, or they fear that claiming compensation will negatively impact the employment relationship.

We're then asked if there's another way, so the employer doesn't have to be held liable.

Unfortunately, there's no other way. The law simply doesn't allow for it.

Employer not necessarily obliged to continue paying income

In terms of income, your employer only has to pay you what he is contractually obliged to do.

Does your contract or collective bargaining agreement stipulate that you will not receive full or partial pay in the event of disability? Then your employer will not be allowed to pay you full or partial pay.

It therefore makes no difference whether you are simply unable to work or whether your disability is due to an industrial accident.

If you do not hold the employer liable, you will less or no income anymore. With all the financial consequences that entails.

The only way to get your financial damage compensated is therefore the legal “route of liability”.

Fortunately, this is much less “intense” for you and your employer than it sounds.

Your employer is almost always insured for your financial damages. Therefore, they don't have to compensate you for your personal injury themselves. This makes it purely an "insurance issue.".

Want to know your specific situation and what's best for you? Don't hesitate to contact us for advice. It's completely free and without obligation. You can then decide for yourself what to do with our advice.

for you guaranteed to be free of charge. Your employer's insurer is also obliged to reimburse your legal costs (read: our costs). Separate from your own compensation.

Sometimes the employer pays for damages out of his own pocket

In practice, it sometimes happens that an employer wants to compensate you for your damage themselves.

This has the advantage for you that you don't have to hold your employer liable. You'll receive compensation for your damages immediately and without any hassle.

Yet, this is almost never in your best interest. It might be if your injury heals within a few days and your financial loss is limited to, for example, your health insurance deductible.

But if it will take longer for you to recover or if it's still uncertain whether you will fully recover, you shouldn't rush into this. Especially not if the financial damage is more than just minor expenses or a loss of income!

Does your employer want to compensate you for your damages themselves? Ask for advice!

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.

Employer almost always insured

As already mentioned, almost every employer in the Netherlands is insured against personal injury due to an industrial accident.

Your employer doesn't have to pay for your personal injury themselves. Their insurer does. Knowing this might be reassuring.

We will also always ensure that your relationship with your employer remains good. Because that's what benefits you most.

Once your employer has been held liable, the remainder of your personal injury claim will be handled by their insurer.

An industrial accident - what now?

What to do in case of an industrial accident: the accident

After a workplace accident, you will very quickly sense whether your injuries are minor or if there is something serious going on. In any case, make sure to report the accident to your employer. In principle, your employer is required to record of the accident keep

Sometimes employers are also required to report the workplace accident to the Labour Inspectorate (SZW Inspectorate). If necessary, you can report the accident yourself. We can even do this for you.

In any case, it is always important to check whether colleagues or others witnessed the accident.

What to do in case of an industrial accident: medical

Have you suffered more than a single scratch or bruise as a result of an industrial accident?

a hospital the same day, or in any case within 24 hours out-of-hours GP clinic . Be sure to inform your employer and also tell the doctors what happened.

What to do in case of a workplace accident: ALWAYS seek legal advice FIRST

Always ask us for legal advice on personal injury. We'll almost always tell you right away what's best for you and what's in your best interest. Our advice is 100% free and without obligation.

We don't always and immediately advise everyone to seek legal assistance. Sometimes it's not (yet) necessary or not in your best interest for some other reason. We'll let you know if that's the case.

We'll first discuss everything in detail. It might be in your best interest to wait a bit to see how things develop. In the meantime, we'll stay in touch, of course, and that's free of charge.

What to do in case of a workplace accident: with us, always 100% free legal assistance!

If we both agree that it's better for you to seek legal assistance, we'll immediately guarantee that our assistance will be 100% free of charge, even before we begin working for you.

Our costs must also be reimbursed by your employer's insurer, separately from your own compensation. This is stipulated by law.

This way, your knowledge and expertise aren't dependent on what's essentially "your opponent." You can engage someone who is solely responsible for your interests. Pretty reassuring, isn't it?

We will always visit you immediately to discuss your personal injury claim from start to finish.

What to do in the event of a workplace accident: keep track of personal injury claims

In any case, it's important that you keep track of all your additional expenses, lost income, and assistance from others in the meantime. Because the other party will have to reimburse all of these.

Did you know, by the way, that you are also always entitled to non-material damage (pain and suffering)? This compensation is intended for the psychological suffering caused by the workplace accident.

Always ask for personal injury advice

Want to know what to do in the event of a workplace accident? Contact us now for a free, no-obligation consultation. We can almost always tell you immediately what to do and what the best course of action is. You can then decide for yourself what to do with our advice.

And will we help you with liability and your compensation? We'll immediately provide you with a written cost guarantee. This guarantee states that our assistance will be completely free of charge, even if liability is unexpectedly not established.

For direct contact, you can send us a WhatsApp message or call us. You can also email us or fill out the form on this page. Whatever works best for you. Either way, you'll receive the best advice available. We promise!

What to do in case of a workplace accident? Always ask for advice!

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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Nicole Meulensteen
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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

Lengers
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

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a relief that everything was arranged so well

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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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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
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
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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.

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I recommend this company

The process took a long time due to problems with the insurer, but I was kept well informed.

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Satisfied

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Silwa
that is very positive

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

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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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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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I never had to worry about financial compensation.

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