Pain and suffering compensation after a workplace accident is assessed individually. Compare actual judgments, distinguish the amount claimed from the amount awarded, and record the consequences for your life. Medical bills and lost earnings are assessed separately.
Arslan Advocaten · Updated 4 November 2026.
What does pain and suffering compensation cover?
Dutch smartengeld addresses non-financial harm, including pain, distress and loss of enjoyment of life. The legal basis includes article 6:106 BW. Medical bills, lost earnings and paid help are different heads of loss.
The assessment depends on the actual injury and its consequences. Recovery time, treatment, lasting restrictions and the effect on daily life all matter. A diagnosis by itself does not determine an amount. Psychological injury can qualify where the legal requirements and its connection to the accident are established.
Liability and evidence come first
For article 7:658 BW, the employee must in principle show harm suffered while performing the work. The employer must then generally establish compliance with its duty of care or the statutory exception concerning intent or deliberate recklessness. An ordinary mistake is not automatically deliberate recklessness.
Relevant evidence can include safety instructions, supervision, equipment, maintenance, the risk assessment, incident records and witness accounts. The accident and the medical consequences both need to be investigated. An accident at work does not automatically settle every question of liability or causation.
Agency workers may need to address both the agency and the hirer. Their positions are assessed separately. Use the sample employer liability letter as a starting point, with the correct legal entities and deadlines checked.
Two judgments: claimed amounts and awarded amounts
These judgments illustrate individual assessments, not current tariffs or results achieved by Arslan in these cases.
| Judgment | Relevant facts | Claimed | Pain and suffering awarded |
|---|---|---|---|
| Rotterdam, 18 August 2017 ECLI:NL:RBROT:2017:6371 |
Lasting injury and restricted movement and grip in the dominant hand. | €10,000 | €5,000 |
| Rotterdam, 3 November 2023 ECLI:NL:RBROT:2023:11285 |
Lower-leg and ankle fractures after a composite slab fell on the worker; lasting effects. | €45,000 | €20,000 |
In the 2023 case, the court found the claimant’s comparison cases insufficiently similar. When comparing cases, check the date, injury, treatment and long-term consequences, and distinguish the amount demanded from the amount actually awarded. The figures above have not been converted into present-day amounts.
Lost earnings are calculated separately. A settlement total or a combined advance for several heads of loss cannot be presented as if it were entirely smartengeld.
What does the Netherlands Labour Authority do?
The employer must immediately report an occupational accident involving death, permanent injury or hospital admission to the Netherlands Labour Authority. Its investigation concerns workplace safety and can provide relevant evidence. It does not itself decide your civil compensation claim.
Ask for the incident report and preserve your own factual account. A missing report does not automatically exclude a claim. If an accident is not reportable, evidence about its circumstances and consequences can still be important.
Claiming financial losses alongside smartengeld
Depending on liability and the evidence, a claim can also include uninsured treatment costs, travel, necessary help and loss of earnings or pension. Record dates, amounts, receipts and any payments already received. The same loss cannot be reimbursed twice.
For wages and benefits, use the sick pay, Ziektewet and WIA guide. For the actual financial comparison, read about loss of earnings after an accident. A medical impairment percentage is not automatically the percentage of financial loss.
You may discuss an advance payment before the whole case can be settled. Its conditions and the evidence for the requested amount matter.
Document the consequences for your daily life
- Describe what changed in work, sleep, movement, personal care and family activities.
- Keep a factual record of treatment, recovery and help needed, including improvements.
- Record which hobbies or social activities became difficult and why.
- Keep relevant medical correspondence, without distributing a full file unnecessarily.
- Separate your experience from a diagnosis; medical professionals assess medical questions.
A short, accurate account is more useful than exaggerated descriptions. Ask for advice if symptoms develop or a final settlement is offered before the consequences are sufficiently clear.
Legal help with medical and employment questions
Our personal injury lawyers and employment law specialists can coordinate the compensation claim with wages, reintegration and employment termination. Where medical assessment is needed, we work with MEDICA Medisch Advies. A medical adviser does not replace your treating doctor or occupational physician and does not decide legal liability.
The first conversation is free and without obligation. We agree the scope and costs of further work beforehand, including medical advice and proceedings. Reasonable out-of-court costs may be recoverable where the legal requirements are met; this does not remove every cost risk. Read about lawyer fees after a workplace accident. Share medical records only through the agreed secure route.
Discuss the accident, its consequences and any insurer response.
Frequently asked questions
Is there a fixed amount for a fracture or back injury?
No. The individual consequences and comparable cases matter. A list by diagnosis is not a guarantee of the amount in your case.
Is legal help always free?
The first conversation is free. Further work and possible recovery of reasonable costs require separate agreements and assessment.
Will claiming compensation cost me my job?
A claim is not in itself a lawful reason for dismissal. That is not a job guarantee; for example, a fixed-term contract may validly expire. Seek employment advice where necessary.
How long do I have to claim?
Personal injury claims commonly have a five-year period tied to knowledge of the damage and liable person under article 3:310 BW. Different claims and older events can require a different assessment. Timely interruption depends on correct wording, recipient and receipt. Have the actual deadline checked.
Can I claim both smartengeld and lost earnings?
Yes, where the relevant requirements are met: they compensate different harm. Keep the figures and supporting evidence separate.
Legal sources: Civil Code Book 6, including articles 96 and 106; Book 7, article 658; Book 3, articles 310 and 317.
Read also
- Personal injury workplace accident: complete guide
- Compensation for pain and suffering traffic accident: amounts and examples
- Disabled after workplace accident? WIA and reintegration
Contact Arslan Advocaten without obligation to discuss your options and successfully claim your compensation for pain and suffering after a workplace accident.
