A knee injury can affect your work, mobility and independence for a long time. If someone else is liable for the accident, you can claim compensation for the resulting loss. This includes treatment costs, loss of earning capacity, help at home and compensation for pain and suffering (smartengeld). A torn cruciate ligament or damaged meniscus does not automatically entitle you to a fixed amount: the actual consequences are the starting point.
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Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist areas for employment law and personal injury. Last updated: 17 September 2026.
With knee injuries in particular, the situation can change during recovery. Walking may be possible again, while kneeling, climbing stairs or heavy lifting still cause problems. A personal injury settlement must therefore reflect what you can actually do and the medically substantiated expectations. In this article you can read how to record this and which points need attention when calculating the loss.
In brief
- A knee injury can be compensated if someone else is liable for the accident; a diagnosis of cruciate ligament, meniscus or cartilage damage does not in itself determine an amount.
- The loss is built up item by item: treatment costs, travel expenses, loss of income, help at home, DIY and maintenance work and compensation for pain and suffering.
- Kneeling, squatting, climbing stairs, standing and lifting are the movements that matter with a knee: record which of these you can no longer do, or can only do for a shorter time.
- A future operation or accelerated wear can be taken into account, but only with medical substantiation of that expectation.
- In a sports accident, a different and higher threshold applies than in traffic: to a certain extent, participants must expect from one another the dangerous conduct that the game invites. See personal injury during sport or play.
First establish who is liable for the accident
A knee injury can result from a road traffic accident, a fall at work, an unsafe floor or a sports incident. Different legal principles apply to each situation. A traffic error calls for a different assessment from a collision during a football match. An employer also has its own duty of care to provide safe working conditions.
Describe as precisely as possible what happened. Where were you standing, what movement were you making and what caused that movement? Write down the names of witnesses and record the situation with photos if it is safe to do so. Report an accident at work to your employer in writing and ask for the incident report. Reporting quickly helps to limit later disputes about how the accident happened.
Acceptance of liability is not the same as acceptance of every head of loss claimed. The other party may, for example, accept responsibility for the collision but question whether all your knee complaints were caused by it. Keep the discussion about the event separate from the medical and financial substantiation.
Cruciate ligament injury, meniscus injury and cartilage damage
The knee consists of various structures that together make movement and stability possible. In an accident, the cruciate ligaments, meniscus or cartilage, among other structures, may be damaged. Sometimes several structures are affected. Only a practitioner can establish which injury is present and which treatment is appropriate.
For your claim, the diagnosis and treatment are relevant, but so are the practical consequences. Can you stand for long periods? Can you safely climb a ladder? Do you have to rest after climbing stairs? A file that merely states that you have a knee injury does not adequately show why your costs are rising or why you can no longer do your work.
An operation is no guarantee of a particular outcome, and the absence of an operation does not mean that your loss is minor. The severity must be assessed on the basis of the medical situation and how you function. Avoid, therefore, drawing general conclusions from the treatment someone else received for a similar injury.
Rehabilitation and temporary loss
During recovery, you may incur extra costs for appointments, supervision, transport and aids. A personal contribution or compulsory excess may be relevant insofar as it is caused by the accident and is not reimbursed in some other way. Also keep the statement from your health insurer: it shows which part remains payable by you.
When driving or cycling is temporarily not advisable, alternative transport may be needed. Explain why the chosen solution is appropriate and for which journeys you use it. A treatment appointment, essential shopping and commuting each have their own background. A log of journeys makes the assessment simpler.
For major adaptations or expensive aids, ask for agreement in advance where possible. A medical recommendation, a quotation and an explanation of available alternatives can help. This does not mean that you must postpone necessary care until an insurer responds. Timely communication does, however, often prevent an avoidable dispute about the costs.
Knee injuries and physically demanding work
For a tiler, warehouse worker or nurse, a knee problem can have a direct impact on their ability to work. Kneeling, turning under load, supporting patients and frequently climbing stairs may be essential tasks. Describe your job at task level, therefore, rather than just giving your job title.
A vocational expert can examine the physical demands of the work and which adjustments are possible. Think of aids, a different division of tasks, adjusted hours or retraining. The starting point is a realistic assessment of what can be sustained in the long term. Continuing to work on willpower for a short period does not in itself prove that there are no limitations.
Collect payslips, your employment contract, job description and information about sickness absence and reintegration. Also record any arrangements about a specific career path. For a claim for missed career progression, you must make it plausible what would probably have happened without the accident. A general wish to earn more in the future is not sufficient for that.
Loss for business owners and the self-employed
For a business owner, the issue is the consequences for the business result and personal earning capacity. Lower turnover does not always equal the loss. Costs saved, replacement turnover and the deployment of staff may affect the outcome. Market developments unrelated to the accident must also be included in the comparison.
Keep cancelled assignments, quotations, arrangements with replacements and time records. Note which work you cannot do because of your knee. If you have outsourced work that you would otherwise have done yourself, show what costs this involved and what revenue was retained. That prevents lost profit and replacement costs from being counted twice.
If you have to adapt or close your business, that deserves a separate financial assessment. Preferably base such a decision on medical and business-economic insight. An insurer does not have to finance every business choice, but reasonable measures to limit accident-related loss may well be relevant.
Help with the household and personal care
A painful or unstable knee can make it difficult to vacuum, change the beds or carry shopping. Examine which tasks you did before the accident and which are now being taken over. The composition of the household, the home and the original division of tasks help to determine the help required.
Personal care is something different from household help. Help with showering, dressing or moving around safely must be described separately. If your partner provides this help, the absence of an invoice does not automatically mean that compensation is impossible. The necessity, extent and legal basis do, however, remain important.
Record help in a useful way: date, activity, duration and the person who helped. Do not count every hour of presence as an hour of care if help was not continuously needed. Where care is extensive or long-term, an assessment by an expert may be appropriate. Take any available provisions into account, so that the same care is not compensated twice.
Compensation for pain and suffering for a knee injury
Compensation for pain and suffering relates to the non-pecuniary consequences of the injury. Think of pain, loss of sporting opportunities, dependence and hindrance in daily life. The nature and severity of the injury, the recovery period and any permanent consequences are weighed in the assessment.
Your personal situation makes a difference. For someone who walked every week, a reduced walking distance can be drastic. For a young athlete, losing an important activity may weigh heavily. Describe these consequences specifically and factually. An overview of activities before and after the accident is often more informative than a general statement about reduced quality of life.
There is no fixed amount per damaged cruciate ligament or per operation. Published judgments can provide guidance, but only with attention to the facts and differences. Moreover, the total amount of compensation can be much higher than the compensation for pain and suffering when income is lost for a long time or extensive help is necessary.
Future wear and possible operations
After a knee injury, a dispute may arise about future treatment or the development of complaints. Such risks must be medically substantiated. The mere possibility that something could happen later is not sufficient to include a full future cost item without further explanation.
Ask what prognosis the practitioner can give and which uncertainties remain. If necessary, an independent expert can assess which consequences are likely and which scenarios are relevant. This also includes questions about the timeframe, the probability and the functional significance of any deterioration.
Future scenarios can be dealt with in a settlement in various ways. Sometimes the loss is estimated on the basis of substantiated probabilities; sometimes an appropriate medical reservation is discussed. A reservation must clearly describe which event it covers. The words “future knee problems” are often too vague to prevent a later dispute.
Previous knee complaints and the situation without the accident
An old injury or previously diagnosed wear does not render a new claim hopeless from the outset. It must be examined whether the accident caused new damage, aggravated existing complaints or caused a pre-existing vulnerability to result in limitations. The assessment requires more than placing two diagnoses side by side.
What matters is how you functioned before the accident. Were you working full-time? Could you play sport? Was treatment planned? Medical records, absence data and information about activities help to paint a realistic picture of the starting position. Disclose relevant previous complaints openly, so that the file can be assessed in full.
The insurer may argue that you would eventually have become limited even without the accident. That requires substantiation of this hypothetical development. It may not be assumed merely because an older abnormality is visible on a scan. Here, the medical and legal assessments must be carefully aligned.
Fictitious example of a return to work with limitations
A warehouse worker sustains a knee injury in an accident for which the employer turns out to be liable. After treatment, the worker resumes administrative tasks, but walking with heavy goods is not yet possible. Initially, the salary is paid in full. Nevertheless, there are extra travel costs, help at home and limitations in sport. This is a fictitious example.
The first calculation of the loss focuses on the items that have actually arisen. Full loss of salary is not automatically claimed. Later it turns out that a return to the original job is uncertain. It is then examined which adapted work is available in the long term and whether income or pension accrual will change.
For the final settlement, the difference between a temporary trial placement and a permanent solution is important. A proposal based on full recovery may be unsuitable if there is as yet no medical or vocational basis for it. Conversely, it may not be assumed without investigation that the worker will be completely unable to work for life.
An advance payment and progress in your file
If liability has been accepted and certain loss has been sufficiently established, an advance payment can reduce financial pressure. Submit an itemised request with an overview of costs and payments already received. Explain what amount is needed and why the loss in question is attributable to the accident.
Also make arrangements about the information still needed. Who will request the medical records? Is an independent medical examination necessary? When will the loss of income be recalculated? A clear action list helps to prevent the case from stalling while you continue your rehabilitation.
In the event of a disagreement, it is first important to establish exactly what the parties disagree about. A dispute about the number of hours of help calls for a different solution from a dispute about causation. A lawyer can assess whether consultation, additional evidence or a step towards the courts is appropriate. Not every disagreement has to lead to full proceedings.
Fluctuating capacity during a working week
With a knee, your capacity is rarely a fixed percentage: what works on Monday may no longer be possible on Friday. A weekly overview makes that pattern visible, and that is exactly what a vocational expert needs, whether you are employed or self-employed.
| Day | Hours worked | Heavy tasks (kneeling, squatting, climbing stairs, lifting) | How it went | Recovery after work |
|---|---|---|---|---|
| Monday | 8 | Kneeling approx. 10 × , stairs 15 × | Went reasonably well | Swelling in the evening, ice |
| Tuesday | 8 | Kneeling approx. 15 × , lifting 20 kg | Pain from 2 pm onwards | Went to bed early |
| Wednesday | 4 | Light work only | Had to stop after half a day | Lay down for the rest of the day |
| Thursday | 6 | Avoided stairs | Colleague took over heavy tasks | Stiff |
| Friday | 4 | None | Knee swollen, could not bear weight | Needed the weekend to recover |
| Week | 30 out of 40 | The pattern matters more than the total: the first few days distort the picture, while the decline at the end of the week shows your real capacity | ||
Check this before you sign a settlement
Read a settlement proposal together with the underlying calculation of the loss. Check whether the duration of each head of loss is logical and whether future costs have been recognisably included. Ask for an explanation if a period is cut off without explanation or if a return to work is assumed that has not yet been discussed.
- Are the medical prognosis and permanent limitations sufficiently clear?
- Have income, any pension accrual and necessary help been taken into account?
- Have all advance payments been correctly set off?
- Is a reservation needed and is the wording sufficiently precise?
- Are the payment deadline, legal costs and full and final discharge clear?
Signing a full and final discharge can mean that further claims are closed off. That deserves extra attention if you are still undergoing treatment or your future at work is uncertain. Take the time to understand the consequences; a total amount that looks high says little without the calculation behind it.
The statutory rules behind a knee injury claim
Which provision applies depends on where the accident happened. These are the most common legal bases:
- Article 6:162 of the Dutch Civil Code (BW) general tort, for example in the case of a fall caused by a dangerous situation or someone else’s mistake.
- Article 185 of the Road Traffic Act (WVW) a separate regime for road traffic accidents, but with clear limits. It applies only if a motor vehicle being driven on the road is involved in the accident, and it protects only persons and property not being carried by that motor vehicle. The owner or keeper must then compensate the loss, unless it is plausible that the accident was due to force majeure. Paragraph 3 excludes three situations: damage to animals running loose, damage to another moving motor vehicle, and damage to persons and property carried by it. In a collision between two cars, or if you were yourself a passenger in the car that caused the accident, this article therefore offers you nothing; the claim then proceeds under Article 6:162 BW. An accident in a car park or on an industrial estate that is not a road within the meaning of the Act also falls outside its scope. Paragraph 4 makes clear that other legal bases continue to exist alongside this article.
- Article 7:658 of the Dutch Civil Code (employer’s duty of care) if you were injured in the course of your work, a separate regime applies with a reversed burden of proof. You only need to show that you suffered loss in the performance of your work; the employer is then liable unless it proves that it fulfilled its duty of care, or that the loss is to a significant extent the result of your intent or deliberate recklessness. That latter threshold is high: carelessness or routine is not deliberate recklessness. Paragraph 4 extends the protection to agency workers, seconded workers and self-employed persons who perform work for a client in the course of that client’s profession or business, and paragraphs 1 and 2 cannot be derogated from to the detriment of the employee (paragraph 3). Do not confuse this regime with ordinary contributory negligence under Article 6:101 BW: there, carelessness can reduce the compensation. See also personal injury after an accident at work.
- Article 6:174 of the Dutch Civil Code (buildings and structures) if the floor, staircase or building was defective, the possessor is liable if that danger materialises; where the building is used in the course of a business, liability shifts to the business user (Article 6:181 BW).
- Article 6:97 BW and Article 6:105 BW the court assesses the loss in the manner most consistent with its nature and may estimate loss that has not yet occurred in advance, after weighing up the good and bad chances. In this way, a real risk of a later knee operation can be taken into account.
- Article 6:106 BW the legal basis for compensation for pain and suffering in the case of physical injury.
The texts of the articles have been consulted on wetten.overheid.nl. Which route is strongest usually only becomes clear after a proper reconstruction of how the accident happened.
Frequently asked questions about knee injuries
What is the compensation for a torn cruciate ligament?
There is no standard amount. The financial loss depends on your recovery, occupation, necessary help and other consequences. Liability must also be established. Compensation for pain and suffering is assessed separately and forms only part of the possible compensation.
Can I claim if I injured my knee while playing football?
Sometimes, but a different assessment applies between sports participants than in ordinary traffic. An injury or foul does not automatically prove unlawful conduct. The nature of the game, the conduct and what participants could reasonably expect are relevant.
Is physiotherapy after an accident reimbursed?
Necessary and reasonable costs arising from the accident can form part of the claim. First it must be clear what your health insurance pays and which part remains payable by you. Keep the treatment advice, invoices and reimbursement statements.
What if I can no longer kneel but can still walk?
That can be legally relevant. Some occupations specifically require kneeling or squatting. Describe which tasks you cannot perform and have the limitations assessed medically. General walking ability does not mean that you can also fully resume your old job.
Can a future knee operation be taken into account?
Yes, if the necessity or risk is sufficiently substantiated. Exactly how it is dealt with depends on the medical expectation and the remaining uncertainty. Sometimes scenarios are calculated or a reservation is agreed. A purely theoretical possibility is not enough.
Who pays for legal assistance with my knee injury?
Where there is liability, reasonable extrajudicial costs can be recovered. There may be a dispute about the amount. Additional considerations apply in court proceedings or where liability is unclear. Discuss in advance which fee arrangements apply in your case.
Does accelerated wear of my knee count towards the loss?
It can, but only if a doctor or expert substantiates the increased probability and indicates what it means. Article 6:105 BW makes it possible to estimate future loss in advance after weighing up the good and bad chances. A general remark that wear “occurs more often” is not sufficient for that.
What if I can no longer practise my occupation?
Then it is examined what income you would probably have had without the accident and what remains now. A vocational expert can map out the remaining possibilities. Retraining, loss of pension accrual and the loss of allowances or overtime are also part of that calculation.
Does a percentage of permanent impairment affect my compensation?
It is a medical tool, not a factor for calculating your loss. A low percentage can have serious financial consequences in a physical occupation, and vice versa. The independent medical examination describes the limitations; translating them into loss in legal terms is a separate step.
Have your knee injury and statement of loss assessed
Arslan Advocaten can examine with you who is liable, which documents are needed and whether compensation offered matches your limitations. Bring your medical correspondence, information about your work and any letters from the insurer. This allows a focused discussion of which next step suits your situation.
Read more about personal injury or contact us for an assessment.
Related articles
- Personal injury during sport or play
- Preliminary expert report in personal injury cases
- Personal injury after an accident at work
- Loss of income and loss of earning capacity
- Independent medical examination in personal injury cases
- Compensation for loss of ability to do your own DIY and maintenance
- Compensation for pain and suffering: what are you entitled to?
