A workplace accident can have major consequences, including incapacity for work. If, due to an accident at work, you are temporarily or fully unable to work, this can lead to significant loss of income. Fortunately, in the Netherlands you are entitled to compensation if your employer is liable. At Arslan Attorneys we help you recover these damages from the liable party.
Loss of income after a workplace accident: what can you claim?
In case of incapacity for work due to a workplace accident, you can claim various forms of loss of income, including:
- Reduced salary: If your employer only continues to pay 70% of your salary, you can recover the 30% loss.
- No irregular-hours allowance or overtime: These lost earnings are also part of the damages.
- Pension accrual and bonuses: Loss from this can be included in the schedule of damages.
- Benefit payments with income loss: For example, when you receive a benefit that is lower than your regular salary.
- Income from extra work: Such as tips, bonuses, or ‘under-the-table’ income.
Our specialized personal injury lawyers accurately calculate your total damages based on pay slips and other financial data.
Legal assistance: we are by your side
At Arslan Advocaten we understand that claiming compensation can be a complex process. It is not always easy to hold an employer liable, especially if you want to maintain the employment relationship. We take this burden off your hands and ensure a skilled and careful approach, with your interests in mind.
Our approach:
- Free legal assistance: Our services are free of charge, because we recover our costs from the liable party.
- Advance on compensation: When liability is acknowledged, we request an advance so that you quickly have financial security.
- Engaging a vocational expert: If necessary, we engage a vocational expert to look into reintegration or suitable positions.
Suitable work and reintegration
Incapacity for work does not mean that you are forced to accept a less enjoyable or lower-paid job. A vocational expert can provide support with reintegration, retraining, or finding suitable work. At Arslan Advocaten we protect your rights and make sure clear agreements are made about your future.
Why choose Arslan Advocaten?
At Arslan Advocaten you are at the center. Our lawyers:
- Have extensive experience with personal injury and employment law.
- Provide a personal, committed approach.
- Work at no cost to you, because we recover our fees from the liable party.
- Help you obtain fair and maximum compensation.
Contact us for legal assistance
Have you become unable to work due to a workplace accident? Or are you losing income? Let us help you. Fill out our contact form or call us. We are ready to pursue compensation for your losses and defend your rights.
Understanding Employer Liability in Workplace Accidents
In the Netherlands, employers have a legal duty to ensure a safe working environment under the Working Conditions Act (Arbowet). If an accident occurs due to negligence, poor safety measures, or inadequate training, the employer may be held liable for your damages. This liability forms the basis for claiming compensation for your income loss and other damages.
However, proving employer liability can sometimes be challenging. Evidence such as accident reports, witness statements, and expert evaluations can be crucial. Our lawyers at Arslan Advocaten can assist you in gathering and presenting this evidence to strengthen your case.
Additional Compensation You May Be Entitled To
Beyond loss of income, you may also be entitled to claim for other damages, including:
- Medical expenses: Costs for treatments, therapies, and rehabilitation.
- Travel expenses: Costs incurred traveling to medical appointments.
- Non-material damages: Compensation for pain and suffering (smartengeld).
- Future loss of earnings: If the injury results in long-term or permanent disability.
These elements are factored into the total compensation amount and require careful documentation and legal analysis.
Reintegration Rights and Obligations
Under Dutch law, both employer and employee are obligated to actively participate in the reintegration process after an accident. Your employer must explore possibilities for suitable work that fits your medical condition, while you are expected to cooperate in this process. Failure to participate can affect your entitlement to continued salary payments and benefits.
Our team works closely with vocational experts and medical professionals to ensure that your reintegration plan is realistic and respects your rights. If suitable work is not available, or your employer fails to comply with reintegration obligations, we can take appropriate legal steps to protect your interests.
Practical Tips if You Are Unfit for Work Due to a Workplace Accident
- Report the accident immediately: Notify your employer and, if necessary, the Dutch Labour Inspectorate (Inspectie SZW).
- Keep detailed records: Document medical visits, treatments, and any correspondence with your employer or insurer.
- Consult a legal expert early: Early advice can help you understand your rights and avoid pitfalls in claims procedures.
- Know your benefits: You may be eligible for social security benefits such as WIA or Ziektewet, depending on your employment status.
Contact Arslan & Arslan Advocaten for Expert Support
If you have suffered a workplace accident and are unable to work, don’t navigate this complex process alone. At Arslan & Arslan Advocaten, our experienced personal injury and employment law specialists will guide you every step of the way. We offer free initial consultations and work on a no-win-no-fee basis, ensuring you receive the compensation you deserve without financial risk.
Contact us today to schedule your consultation and protect your rights after a workplace accident.
Frequently Asked Questions
What types of income can I claim compensation for if I am unable to work due to a workplace accident?
You can claim compensation for various types of income loss, including reduced salary, overtime, bonuses, pension accruals, and benefits that are lower than your regular salary. This ensures you are financially supported during your recovery.
How does Arslan Advocaten assist me if I’ve been injured at work?
Arslan Advocaten provides free legal assistance, carefully calculates your damages, and handles the claims process to recover compensation from the liable employer. We also engage vocational experts if needed to support your reintegration.
Am I obligated to accept a less suitable job after my workplace injury?
No, incapacity for work does not mean you have to accept a lower-paid or less enjoyable job. We ensure your rights are protected and help you find suitable work or retraining options.
What should I do if I have lost income due to a workplace accident?
Contact Arslan Advocaten for legal help; we can assist you in claiming compensation for your income loss and ensure your rights are defended throughout the process. We work on a no-cost basis, recovering our fees from the liable party.