An accident at work often comes unexpectedly. You go to work as usual and suddenly you suffer injuries. This can have a significant impact: you may not be able to work (temporarily), you incur extra costs and sometimes it is uncertain whether you will fully recover. Many people wonder in such situation: do I have a right to compensation after a work accident?

In this article we explain how this works, what damage you can claim for and why it is wise to seek legal advice.

What do we mean by a work accident?

A work accident is any accident that occurs to you during or in connection with work. Examples include:

• falling off a ladder or stairs,

• an accident with a machine,

• slipping on a smooth floor,

• a traffic accident during working hours,

• or injury by exposure to hazardous substances.

Even during a company outing or on-site job, an accident can sometimes be seen as a work accident.

Is the employer always liable?

Employers have a duty of care: they must ensure a safe workspace, proper tools and clear instructions. If an accident still occurs, the employer is often liable.

This doesn’t mean that you, as an employee, first have to prove that the employer made a mistake. It’s actually the opposite: the employer has to prove that he has done everything to prevent the accident. So, in practice, you as an employee often have a strong case.

What damage can you recover?

The compensation for a work accident goes beyond just medical costs. You can think of:

• Missed income – salary you don’t receive or loss of earning capacity.

• Medical costs – for example, deductible, therapy or medication.

• Travel costs – to hospital, physiotherapist or specialist.

• Household help – if you can’t take care of yourself temporarily.

• Adjustments – to your house or car in the case of permanent injuries.

• Pain and suffering – compensation for pain and sorrow.

Examples from practice

• A production worker got his hand trapped in a machine that wasn’t secured properly. The employer was found to be liable and the compensation included medical costs, loss of income and pain and suffering.

• A package courier was injured in a traffic accident during his round. The employer had to reimburse, through insurance, the loss of income and rehabilitation costs.

• A cleaner slipped on a wet floor where no warning sign was posted. Here too, the employer was held liable and compensation followed.

What should you do immediately after a work accident?

• Report the accident immediately to your employer.

• Get it recorded and request an accident report.

• Take photos of the situation and note the names of any witnesses.

• Keep all medical records and receipts of any costs incurred.

• Contact a personal injury lawyer, so you don’t miss out on any rights.

Frequently asked questions

Do I have to prove myself that the employer is at fault?
No. You only need to demonstrate that the accident occurred at work. The employer has to prove that he fulfilled his duty of care.

Does the employer pay this out of their own pocket?
No, usually this is covered by the employer’s liability insurance.

Can I also get pain and suffering?
Yes. Besides compensation for costs and missed income, you often have a right to pain and suffering for pain and sorrow.

What if I was not entirely careful myself?
Even then, the employer often remains (partly) liable. Only in the case of intentional or reckless behavior can this differ.

Conclusion

After a work accident, you often have a right to compensation that covers all your costs and losses. Employers are usually insured for such situations, so don’t hesitate to claim your rights.

The personal injury lawyers at Arslan Advocaten have extensive experience with work accidents. We make sure you get what you are entitled to, so you can focus on your recovery.