If you are injured at work, your employer is in principle liable under Article 7:658 of the Dutch Civil Code. The employer must prove it met its duty of care; if it cannot, it owes compensation. Only intent or conscious recklessness on your part limits the claim. This reversed burden of proof puts you in a strong position.
For additional general information, see Victim Support Netherlands information for victims.
A construction accident compensation is often higher than many victims think. Working in construction involves daily risks. By working at height, using heavy materials and operating machines, serious accidents can occur. Have you fallen victim to a construction accident? Then in many cases you are entitled to full compensation.
At Arslan Lawyers we assist victims free of charge in recovering their damage after a construction accident. Our help is always free for you, because we recover our costs from the liable party.
What should you do after a construction accident? (claiming construction accident compensation)
A good damage claim starts with the right steps.
1. Collect evidence of the construction accident
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Photos of the situation
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Statements from colleagues
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Registration of the accident
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Photograph machines / materials
(Alt-tag example for images: “construction accident compensation situation workstation”)
2. Report the construction accident to your employer
This is mandatory, and serious accidents must be reported to the Labor Inspection.
3. Hold your employer accountable
We hold your employer accountable on your behalf. The employer’s insurance pays for your damage.
4. Immediately seek legal help
With a lawyer, you increase your chances of a maximum construction accident compensation.
Common causes of construction accidents
Common situations leading to a construction accident compensation:
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Falls from ladders, scaffolding or aerial platforms
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Falling objects such as tools or materials
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Collapsing of construction structures
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Accidents with machines
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Tripping or slipping due to obstacles
These situations often lead to serious injuries, such as amputations, brain injury, fractures or permanent disabilities.
Liability in a construction accident compensation
The employer has a legal duty of care. This means that the employer must ensure:
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Safe working materials
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Clear and understandable safety instructions
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Supervision on the shop floor
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A safe work organization
Is this duty of care breached?
Then the employer is liable for your construction accident compensation.
Employers are almost always insured, which allows the damage to be recovered without any problems.
How is your construction accident compensation calculated?
The amount of your compensation depends on, among other things:
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Severity of the injury
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Loss of income (current and future)
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Medical costs
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Household help
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Rehabilitation costs
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Travel costs
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Compensation for pain and suffering (non-material damage)
At Arslan Lawyers we calculate your full damage, so you don’t miss out on anything.
Contact us today
Have you been involved in a construction accident?
Contact us. We take up your case immediately and ensure that you get what you are entitled to.
Understanding Your Rights Under Dutch Law
In the Netherlands, construction workers are protected by various laws and regulations that ensure their safety and rights in case of accidents. The Dutch Civil Code (Burgerlijk Wetboek) and the Working Conditions Act (Arbeidsomstandighedenwet) play a crucial role in determining liability and the compensation process. If you are injured due to negligence—such as inadequate safety measures or faulty equipment—your employer or the party responsible can be held liable.
Types of Compensation You May Claim
Victims of construction accidents in the Netherlands can claim several types of compensation, including:
- Medical Expenses: All costs related to medical treatments, rehabilitation, and assistive devices.
- Lost Income: Compensation for wages lost during your recovery period.
- Permanent Disability: If the accident results in lasting disabilities, you may be entitled to additional compensation.
- Pain and Suffering: Non-material damages such as emotional distress and reduced quality of life.
- Costs for Household Help: If you require assistance with daily tasks after the accident, these costs can also be reimbursed.
Practical Advice for Construction Accident Victims
- Document Everything: Keep all medical reports, invoices, and communication related to the accident.
- Notify Your Employer Promptly: Timely reporting is legally required and helps build a strong claim.
- Avoid Admitting Fault: Do not make statements that could be interpreted as admitting responsibility.
- Consult an Expert Lawyer Early: Legal professionals specializing in construction accidents can guide you through complex procedures and negotiations.
- Stay Informed About Your Rights: Know the legal deadlines for filing claims in the Netherlands to avoid losing your entitlement to compensation.
Why Choose Arslan & Arslan Advocaten?
At Arslan & Arslan Advocaten, we specialize in personal injury claims, including construction accident cases. Our experienced team understands the Dutch legal system and works tirelessly to ensure you receive the full compensation you deserve. We offer a no-win-no-fee approach, meaning our assistance is free until we recover your damages. Don’t navigate the complexities of a construction accident claim alone—contact us today for a free consultation and let us fight for your rights.
Frequently Asked Questions
What steps should I take immediately after a construction accident?
You should collect evidence such as photos and statements from colleagues, report the accident to your employer, and seek legal help to ensure your rights are protected and maximize your compensation.
Am I entitled to compensation if I am injured in a construction accident?
Yes, if the accident was caused by unsafe working conditions or employer negligence, you are typically entitled to full compensation for your injuries and damages.
What types of injuries can lead to a construction accident claim?
Serious injuries such as amputations, brain injuries, fractures, and permanent disabilities can qualify for construction accident compensation, especially when caused by falls, falling objects, or machinery accidents.
How is construction accident compensation calculated?
Compensation is based on factors like injury severity, medical costs, loss of income, pain and suffering, and other damages; a lawyer can help ensure you receive full and fair compensation.
