In short:

• Employers must take all possible measures to prevent work accidents.
• If liable, the employer must compensate the employee’s personal injury.
• Traffic accidents during working hours can also lead to employer liability.
• Temporary workers can hold both the temporary agency and the hirer liable.
• Self-employed persons (independents) can, in certain cases, also claim compensation.

What is a work accident?

A work accident is an accident that occurs during work or working hours, often leading to physical injury. This can range from a fall on the work floor to an accident with dangerous machinery, or even a traffic accident while you are on your way to a customer for your employer. Work accidents occur in various sectors, from construction and industry to office environments and road professionals.

Examples of work accidents:

• A warehouse worker is injured by a falling pallet that is not stacked properly.
• An office worker slips on a wet floor that has not been cleaned in time.
• A truck driver is involved in a traffic accident while carrying out his work.
• A painter falls from a scaffold that is not properly anchored.

Is my employer liable?

In most cases, the employer is liable for a work accident. According to the law, the employer has a duty of care to ensure that the work environment is safe. This means that all necessary safety measures must be taken to prevent accidents. This includes clear instructions, providing protective clothing or equipment, and supervision of compliance with safety rules.

When is the employer not liable? There are situations in which the employer is not liable for a work accident, such as:

• Intentionally reckless behavior by the employee.
• The employer has taken all reasonable safety measures to prevent the accident.
• Intent of the employee to cause an accident.

In these cases, the employer must prove that he has done everything to prevent the accident and that the employee acted recklessly or negligently.

Steps after a work accident

After a work accident, it is very important that you take immediate action to protect your rights. Follow these steps:

1. Determine if it is a work accident. A work accident occurs during work or working hours. This can be at the workplace itself, but also at another location if you are on your way to a customer, for example.

2. Identify the cause. Was the accident caused by a lack of safety measures, insufficient supervision, or a mistake by a colleague? This can be critical to your employer’s liability.

3. Ensure that the Labor Inspectorate is involved. In cases of serious accidents (hospitalization, permanent disability, or death), the employer must report this to the Labor Inspectorate. If this does not happen, you can do it yourself.

4. Note witnesses. Colleagues or other witnesses can be crucial in confirming the circumstances of the accident.

5. Assess your damage. Collect all medical expenses, extra expenditures, missed earnings, and other damage items. This can help later when filing a damage claim.

6. Hold the employer liable. It is best to do this with the help of a personal injury lawyer. At Arslan & Arslan Lawyers, we are happy to assist you in filing a claim and ensuring a good resolution of your case.

Material and immaterial damage compensation

After a work accident, you may be entitled to various types of compensation, including:

• Material damage: This includes all direct costs you incur as a result of the accident, such as medical costs, travel costs, loss of income, and any costs for modifications to your home.
• Immaterial damage (pain and suffering): This is a compensation for the emotional and physical pain that you have experienced. Think of the impact on your enjoyment of life, chronic pain, or psychological suffering due to the accident.

Example case: Construction worker with serious injury Mr. Yilmaz, who works as a construction worker, suffered serious injuries after a scaffold on which he was working collapsed due to a structural error. He had to undergo multiple surgeries and is permanently limited in his physical abilities. Arslan & Arslan Lawyers successfully held the employer liable, because there was not enough safety inspection. The compensation included both his medical costs and compensation for loss of income and pain and suffering. An amount of € 450,000 was ultimately awarded.

Free legal assistance in case of a work accident

A personal injury case after a work accident can be complicated, especially if the employer disputes liability. At Arslan & Arslan Lawyers, we are ready to guide you through the process. Our experienced personal injury lawyers ensure that you get what you are entitled to, without jeopardizing your relationship with the employer.

Our legal assistance is free of charge for you if we can hold your employer or another party liable. We handle the legal proceedings and negotiations with the insurance company, so that you can fully focus on your recovery.

Example case: Temporary worker with personal injury

Ms. Luchowska, a temp at a distribution center, slipped on a smooth floor and broke her hip. Although she was not directly employed by the company where the accident took place, we were able to prove that both the temp agency and the company where she worked were liable for the accident. This resulted in compensation of € 85,000 for medical expenses, loss of income, and pain and suffering.

What to do after a work accident?

Always contact a personal injury lawyer immediately after an accident. At Arslan & Arslan Lawyers, we ensure that your rights are safeguarded and that you receive the compensation that you are entitled to. Do not wait too long to take action, because time can play a crucial role when filing a claim.

Our approach is personal, knowledgeable, and focused on your situation. We work nationwide and, if necessary, we can visit you at home to discuss your case. Contact us today for a non-binding and free advice consultation.

Contact Arslan & Arslan Lawyers or fill in our online contact form and we will contact you soon.