An accident at work often happens unexpectedly. You just go to work and suddenly you sustain an injury. That can have a significant impact: you may be (temporarily) unable to work, you incur additional costs, and sometimes it’s uncertain whether you will fully recover. Many people in such a situation wonder: Am I entitled to compensation after a workplace accident?
In this article we explain how this works, what damages you can claim, and why it is wise to seek legal assistance.
What do we mean by a workplace accident?
A workplace accident is any accident that happens to you during work or in connection with work. For example:
-
a fall from a ladder or stairs,
-
an accident involving a machine,
-
slipping on a slippery floor,
-
or injury due to exposure to hazardous substances.
Even during a company outing or an off-site job, an accident can sometimes be considered a work-related accident.
Is the employer always liable?
Employers have a duty of care: they must provide a safe workplace, proper tools, and clear instructions. If an accident happens anyway, the employer is often liable.
This does not mean that you as an employee must first prove that the employer made a mistake. It is actually the other way around: the employer must demonstrate that they did indeed do everything to prevent the accident. In practice, you as an employee therefore usually have a strong position.
What damages can you be compensated for?
Compensation for a workplace accident goes beyond just medical expenses. You can think of:
-
Lost income – wages you do not receive or loss of earning capacity.
-
Medical expenses – for example deductible, therapy or medications.
-
Travel expenses – to hospital, physiotherapist or specialist.
-
Household help – if you are temporarily unable to care for yourself.
-
Modifications – in the home or car in case of permanent injury.
-
Pain and suffering – compensation for pain and suffering.
Real-life examples
-
A production worker got his hand trapped in a machine that was insufficiently safeguarded. The employer was found liable, and the compensation included medical expenses, loss of income, and pain and suffering.
-
A parcel delivery driver was injured in a traffic accident during their route. The employer had to – through the insurance – compensate 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 workplace accident?
-
Report the accident to your employer immediately.
-
Have it recorded and ask for an accident report.
-
Take photos of the scene and note the names of any witnesses.
-
Keep all medical documents and receipts for expenses incurred.
-
Contact a personal injury lawyer so you don’t forfeit any rights.
Frequently Asked Questions
Do I have to prove that the employer is at fault?
No. You only need to show that the accident happened at work. The employer must show that they met their duty of care.
Does the employer pay this out of pocket?
No, this is usually covered by the employer’s liability insurance.
Can I also receive pain and suffering compensation?
Yes. In addition to reimbursement of expenses and lost income, you are often entitled to pain and suffering compensation.
What if I wasn’t completely attentive myself?
Even then, the employer often remains (partly) liable. Only in cases of intent or conscious recklessness can this be different.
Conclusion
After a workplace accident, you often have the right to compensation that covers all your costs and losses. Employers are usually insured for these kinds of situations, so do not hesitate to assert your rights.
The personal injury lawyers of Arslan Advocaten have extensive experience with workplace accidents. We ensure that you receive what you are entitled to, so you can focus on your recovery.
Frequently Asked Questions
Am I automatically entitled to compensation if I get injured at work?
Not automatically, but if your injury occurred during work or related activities, you may be eligible for compensation. It’s important to report the accident promptly and gather documentation to support your claim.
What types of damages can I claim after a workplace accident?
You can claim damages for medical expenses, lost income, pain and suffering, travel costs, household help, and necessary home or vehicle modifications if you have a permanent injury. The scope of compensation depends on your specific situation.
Is my employer always liable if I get injured at work?
Employers have a duty of care to provide a safe workplace, and they are often liable if an accident occurs due to negligence or unsafe conditions. However, they must also demonstrate that they took all reasonable precautions to prevent the accident.
What steps should I take immediately following a workplace accident?
Report the accident to your employer immediately, have it recorded, and collect evidence such as photos and witness information. Keep all medical records and receipts related to your injury for your claim.
