- What is chemical burn at work? A serious form of injury caused by hazardous substances during work activities.
- Employers are obligated under artikel 7:658 BW (Dutch Civil Code, which governs employer’s duty of care) to ensure a safe working environment, including preventing exposure to hazardous substances.
- Employer liability: the employer must prove that sufficient measures have been taken to prevent injury, otherwise they are liable.
- Compensation can include medical costs, loss of income, pain and suffering damages, and more.
- After a chemical burn at work, it is important to report the accident, seek medical help, and engage a personal injury lawyer.
Introduction: Chemical burn at work and the risks
Chemical burn at work is a serious and often underestimated risk in various sectors. Employees who come into contact with hazardous substances can suffer severe injuries from this exposure. Examples include burns, damage to the skin, eyes, and respiratory tract, which can cause permanent harm. It is therefore essential that employers strictly comply with their duty of care and take all possible measures to prevent exposure to hazardous substances. In this article, we discuss in detail what chemical burn in the workplace entails, the legal obligations of the employer, how liability is determined, and which damages you can claim. We also provide practical tips on what to do after such a workplace accident.
What is chemical burn at work?
Chemical burn at work occurs when the skin, eyes, or other body parts come into contact with corrosive or harmful substances, such as acids, bases, solvents, or other chemical products. This can lead to severe skin injuries, blindness, respiratory problems, and in some cases even life-threatening situations. Examples of sectors where this risk is high include the chemical industry, construction, cleaning, agriculture, and laboratories.
The consequences of a chemical burn are often long-lasting and can severely limit daily functioning. Psychological complaints due to trauma are also common. Therefore, it is crucial that employers create a safe working environment and minimize exposure to hazardous substances.
The employer’s duty of care regarding hazardous substances
According to artikel 7:658 BW (Dutch Civil Code, which imposes a broad duty of care on employers), the employer has an extensive duty to ensure a safe working environment. This means the employer must take all measures that are reasonably possible and necessary to safeguard the safety and health of employees. When working with hazardous substances, this includes conducting a thorough risk inventory and evaluation (RI&E), providing employees with correct and complete instructions, supplying personal protective equipment (PPE), and supervising compliance with safety regulations.
If the employer fails in this and an employee suffers a chemical burn as a result, the employer is in principle liable. The law reverses the burden of proof here: it is up to the employer to demonstrate that they have fully complied with their duty of care. This makes it relatively easier for victims of chemical burns at work to claim compensation.
Liability for chemical burn at work
The employer’s liability for personal injury caused by chemical burns at work is governed by artikel 7:658 BW. This law stipulates that employers are liable for damages suffered by employees due to shortcomings in fulfilling the duty of care. This means the employer must prove that all reasonable measures were taken to prevent the accident. Examples include:
- Conducting a complete RI&E focused on hazardous substances.
- Providing clear instructions on safe handling of chemicals.
- Supplying personal protective equipment such as gloves, goggles, and protective clothing.
- Organizing training and safety awareness sessions.
- Properly maintaining and inspecting safety facilities.
If the employer cannot demonstrate compliance with these obligations, they are liable for the employee’s damages. Only in exceptional cases, such as intentional or conscious recklessness by the employee, can liability be excluded. This rarely occurs in practice.
What damages can you claim after a chemical burn at work?
After a chemical burn at work, you can claim various types of damages. Compensation aims to cover both material and immaterial damages. Below is an overview of the main damage categories:
- Medical costs: all expenses for hospital stays, surgeries, bandages, medication, and physiotherapy. This also includes the deductible within the health insurance.
- Loss of income: the difference between your regular salary and the amount you receive through sick pay or disability benefits. Employers often pay 70% during illness; the remainder can be claimed.
- Future loss of income: if you can work less or must accept a lower-paid job due to permanent limitations.
- Household help: costs for assistance with household tasks if you can no longer perform them yourself due to your injury.
- Travel expenses: trips to and from medical treatments and therapies.
- Pain and suffering damages (smartengeld): compensation for pain, grief, psychological suffering, and loss of enjoyment of life. For chemical burns, amounts can range from several thousand to tens of thousands of euros, depending on severity and lasting effects.
The employer is usually insured for this type of damage through liability insurance. The insurer will compensate the damages in case of recognized liability.
Practical steps after a chemical burn at work
If you experience a chemical burn at work, it is essential to act quickly and carefully. Follow the steps below to protect your rights and enable a proper damage claim:
- Report the accident immediately to your supervisor. Ensure the incident is recorded in an accident report or logbook.
- Seek medical help immediately. Have the injury professionally diagnosed and treated. Request a medical report describing the injury and cause.
- Take photos of the work environment and the situation where the accident occurred. This may be important to prove employer negligence.
- Note the names and contact details of any witnesses. Witness statements strengthen your case.
- Check whether your employer reports the accident to the Labour Inspectorate (Inspectie SZW). This is mandatory for serious accidents and may lead to an investigation.
- Engage an experienced personal injury lawyer as soon as possible. They can advise you, represent your interests, and file the damage claim on your behalf.
Pain and suffering damages for chemical burns: examples and amounts
Pain and suffering damages (smartengeld) are intended as compensation for the immaterial suffering caused by a chemical burn at work. The amount depends on the severity of the injury, recovery time, any permanent limitations, and the impact on your quality of life. Here are some practical examples:
- An employee with a minor chemical burn who fully recovers may receive smartengeld ranging from several hundred to a few thousand euros.
- For more serious burns with scarring and prolonged treatment, smartengeld often ranges between 5,000 and 15,000 euros.
- If there is permanent disability, loss of function, or severe psychological complaints, smartengeld can rise to 30,000 euros or more.
These amounts are indicative and each case is assessed individually. Our lawyers at Arslan & Arslan can provide expert advice in this regard.
Why choose Arslan & Arslan Lawyers for personal injury from chemical burns?
Arslan & Arslan Lawyers has a proven track record in successfully handling personal injury cases, including workplace accidents involving hazardous substances. We understand that a chemical burn can have enormous consequences and provide you with expert legal assistance and personal attention.
Our personal injury lawyers and NIVRE-registered experts guide you from the first contact through to settlement or court proceedings. We are not afraid to litigate if the insurer refuses to pay adequately. Moreover, our services are free for you: in case of recognized liability, our costs are covered by your employer’s insurer, pursuant to artikel 6:96 BW (Dutch Civil Code, which regulates compensation of legal costs).
Would you like to know more about our approach? Visit our personal injury services page for detailed information.
Frequently asked questions about chemical burn at work
Does a personal injury lawyer cost me money?
No, if the employer’s liability is recognized, the costs of legal assistance are reimbursed by the employer’s insurer. You therefore bear no financial risk.
Can I hold my employer liable without losing my job?
Yes, you do not hold your employer personally liable but their insurer. The employer may not dismiss you because of a damage claim. Furthermore, employers are required to have insurance for such risks.
How long do I have to file a damage claim?
The limitation period is 5 years from the moment you became aware of the damage and liability. It is advisable not to wait too long and to engage a lawyer in time.
What should I do if my employer has breached their duty of care?
You can engage a personal injury lawyer who can assess whether your employer is liable and assist you in filing a damage claim. The lawyer can also guide you through any legal proceedings.
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Feel free to contact Arslan & Arslan Lawyers for a free initial assessment of your case. Our experienced personal injury lawyers are ready to protect your rights and obtain fair compensation.