- Personal injury workplace accident means damage caused by an accident during work.
- The employer is liable under art. 7:658 BW (duty of care).
- You can claim medical costs, loss of income, pain and suffering compensation, and more.
- Report the accident immediately and have your injury documented.
- Engage a specialized personal injury lawyer; this is free of charge if liability is recognized.
A personal injury workplace accident can have significant consequences for both your health and financial situation. It is therefore crucial to know your rights and how to claim your damages. In this comprehensive guide, we explain what exactly constitutes a workplace accident, when your employer is liable, which types of damages you can claim, and the best steps to take after an accident at work.
What is a workplace accident and when is it considered personal injury?
A workplace accident is any accident that occurs during or in connection with the performance of work activities, including working from home. This can be a fall from a ladder, a machine accident, a traffic accident during work, or exposure to hazardous substances.
Personal injury means that you suffer physical or mental harm due to the workplace accident and consequently incur damages. This can range from a bone fracture to psychological trauma caused by a serious accident. Personal injury damages include not only medical costs but also loss of income, pain and suffering compensation, and other damage items.
According to article 7:658 BW, the employer has a strict duty of care. This means the employer must ensure a safe workplace and prevent you from sustaining injuries. If the employer fails in this and you suffer damages as a result, the employer is liable. This often makes a personal injury workplace accident a matter where your employer or their insurer must pay.
Employer liability in a workplace accident
Dutch law is clear: under art. 7:658 BW, your employer is liable for personal injury you sustain during your work. This liability is a so-called strict liability, meaning the employer does not have to be blamed for the accident occurring. The employer only needs to prove that they fulfilled their duty of care.
In practice, this means the employer must demonstrate that all reasonable safety measures were taken, such as:
- Conducting a Risk Inventory and Evaluation (RI&E).
- Providing personal protective equipment (PPE).
- Giving clear instructions and sufficient supervision.
- Regular safety training and workplace adjustments.
If the employer cannot prove compliance with these obligations, they are liable for your damages. Only in exceptional cases, such as intentional misconduct or deliberate recklessness by the employee, can liability be excluded. However, this rarely occurs in case law.
The role of the Labour Inspectorate (Inspectie SZW) in workplace accidents
Besides the civil liability of the employer, the Labour Inspectorate (also called Inspectie SZW) plays an important role in workplace accidents. The Inspectie SZW supervises compliance with the Working Conditions Act (Arbowet) and can intervene when unsafe working conditions exist.
When a serious workplace accident occurs, the employer is obliged to report it to the Labour Inspectorate (according to articles 9 and 10 of the Arbowet). The Inspectorate then investigates the causes of the accident and can impose sanctions, such as fines or even halting operations. This supervision contributes to preventing future accidents and strengthens the position of victims in claiming their damages.
If you feel your employer is not acting adequately after an accident or is not sufficiently ensuring safety, you can also contact the Labour Inspectorate yourself. This can help put additional pressure on the employer and improve workplace safety.
Specific situation: self-employed persons (ZZP’ers) and temporary workers in workplace accidents
Not everyone who works has a traditional employer. Especially self-employed persons without personnel (ZZP’ers) and temporary workers have a special position regarding personal injury in workplace accidents.
Self-employed persons (ZZP’ers)
ZZP’ers are basically independent and bear responsibility for their own safety. This means there is not automatically an employer liable under art. 7:658 BW. However, ZZP’ers can sometimes claim compensation, for example when a client seriously fails in their duty of care or when dangerous working conditions existed that the client should have prevented.
Additionally, ZZP’ers can often take out insurance covering personal injury and disability. It is therefore important for ZZP’ers to carefully review their insurance coverage and any agreements with clients beforehand.
Temporary workers
Temporary workers have an employer in the form of the temp agency. The duty of care usually rests with both the temp agency and the hiring company (the company where the temp worker works). Both can be liable in a workplace accident.
Liability can be complex because multiple parties are involved, but here too, the employer(s) must fulfill a duty of care and are liable for damages if they fail in this. Temporary workers also have the right to compensation for personal injury caused by a workplace accident.
Which damages can you claim after a workplace accident?
In a personal injury workplace accident, you can claim various types of damages. Below is a comprehensive and detailed list of the most common damage items with explanations.
1. Medical costs
All costs directly related to the treatment of the injury can be claimed. This includes, among others:
- Consultations with general practitioners, medical specialists, and paramedics such as physiotherapists and occupational therapists.
- Hospital stays, surgeries, and any intensive care.
- Costs for prescribed medications for recovery.
- Aids such as braces, prostheses, wheelchairs, crutches, or special shoes.
- The deductible of the health insurance when related to the accident.
- Travel costs to and from medical treatments.
- Costs of alternative medicine if medically necessary and proven effective.
2. Loss of income
Due to the injury, you may be temporarily or permanently unable to work, leading to loss of income. This consists of:
- The difference between the continued payment of wages (often 70% during illness) and your full salary.
- Loss of overtime, bonuses, commissions, or other wage components.
- Damage due to missed career opportunities or promotions.
- Future loss of income in case of permanent disability or reduced earning capacity.
- Loss of pension accrual during illness or disability.
3. Household help and care
If you are unable to perform household tasks or care for yourself due to the injury, you can claim the following costs:
- Hiring professional household help.
- Costs of informal care or family care.
- Adjustments in care needs, such as day care or personal assistance.
4. Pain and suffering compensation (non-material damages)
Pain and suffering compensation is a payment for non-material damages such as pain, grief, psychological suffering, and loss of enjoyment of life. The amount depends on the severity and nature of the injury and can vary greatly. Some examples:
- Whiplash: often between €3,000 and €15,000, depending on severity and consequences.
- Permanent disability: can amount to tens of thousands of euros, especially with major limitations.
- Psychological trauma: such as post-traumatic stress disorder, can also lead to substantial compensation.
- Loss of enjoyment of life: with serious injuries leading to limitations in hobbies and social activities.
Pain and suffering compensation is often determined based on case law and comparable cases. It is therefore advisable to determine this together with a personal injury lawyer.
5. Other costs and damage items
Besides the above items, there may be other costs, such as:
- Travel costs for hospital and therapy visits, including public transport, taxi, or private car.
- Extra costs for home adaptations, such as stairlifts, adapted bathrooms, threshold ramps, or housing modifications.
- Loss of vacation or other leave due to recovery.
- Costs for psychological help, such as therapy and counseling.
- Reintegration costs, for example training or retraining when returning to the old profession is not possible.
- Damage to personal belongings, such as clothing or glasses damaged in the accident.
- Assistance with administration and guidance during the claims process.
The procedure after a workplace accident: what should you do?
After a workplace accident, it is important to act quickly and carefully to protect your rights and optimally claim your damages. Below is a detailed description of the best steps to take:
- Report the accident immediately to your employer or supervisor. An official report is essential. Request a written accident report or have the accident recorded in the absence or incident register. This forms important evidence for a possible personal injury claim.
- Have your injury medically documented as soon as possible. Visit a doctor or hospital for diagnosis and treatment. Request a medical report describing the nature of the injury and its cause. This report is crucial for proving the damage and causality.
- Take photos of the situation and any defects. Document the accident location, hazardous conditions, broken machines, wet floors, or other factors that caused the accident.
- Note the names and contact details of witnesses. Colleagues or others who saw the accident or can confirm safety risks can play an important role in establishing liability.
- Check whether your employer has reported the accident to the Inspectie SZW. This is mandatory for serious accidents and can help better understand the safety situation.
- Keep all relevant documents and correspondence. Think of medical bills, pay slips, insurance papers, and communication with your employer.
- Engage a specialized personal injury lawyer. An expert can establish liability, accurately calculate all damage items, and negotiate with insurers on your behalf. Legal costs are legally insured in case of recognized liability, so it costs you nothing.
- If possible, maintain contact with your employer and insurer. Good communication can promote a quick settlement, but always get proper advice about your rights.
- Be patient but alert to the progress of your case. Personal injury procedures can take time, especially with complex injuries or disputed liability. Your lawyer supports you throughout the process.
Why choose Arslan & Arslan Advocates for personal injury workplace accidents?
Arslan & Arslan Advocates specialize in personal injury cases, including workplace accidents. We understand that such an accident is impactful and therefore offer you:
- Extensive experience in various sectors, such as construction, logistics, and healthcare.
- A personal and involved approach, with your interests central.
- A team of personal injury lawyers and NIVRE-registered experts guiding the entire process.
- Determination in cases of unjustified rejections or low settlement offers.
- Completely free legal assistance in case of recognized liability, in accordance with art. 6:96 BW.
Our lawyers ensure you receive what you are entitled to and take as much worry off your shoulders as possible. We support you from the moment of the accident until the final settlement of damages.
Frequently asked questions about personal injury workplace accidents
Does a personal injury lawyer cost me money?
No. In case of recognized liability, the employer – or their insurer – is obliged to reimburse the costs of your legal assistance. This is regulated in art. 6:96 BW. You therefore bear no financial risk by engaging a lawyer.
Can I hold my employer liable without losing my job?
Yes. You do not personally hold your employer liable but their insurer. Furthermore, labor law protects you against dismissal due to a damage claim. Your employer is obliged to ensure a safe workplace and is insured against such risks.
How long do I have to file a damage claim?
The limitation period for personal injury claims is five years from the day you become aware of the injury and damage (art. 3:310 BW). Do not wait too long, as gathering evidence and medical reports is easier with a prompt report.
What if my employer denies liability?
In that case, it is advisable to immediately engage a personal injury lawyer. We can establish liability for you and, if necessary, litigate to enforce your right to compensation. Early legal assistance often leads to faster and better settlement.
Read also
- Personal Injury Workplace Accident: The Complete Guide
- Reporting Workplace Accidents to Inspectie SZW
- Pain and Suffering Compensation in Personal Injury: Amounts and Examples
Have you sustained personal injury due to a workplace accident? Contact Arslan & Arslan Advocates without obligation. Our specialists are ready to help you claim the compensation you are entitled to free of charge.