In short:
- Employers must take all possible measures to prevent industrial accidents.
- In the event of liability, the employer must compensate the employee for personal injury.
- Traffic accidents during working hours can also lead to employer liability.
- Temporary workers can hold both the temporary employment agency and the hirer liable.
- Self-employed persons (self-employed persons) can also claim compensation in certain cases.
What is an industrial accident?
An industrial accident is an accident that occurs during work or working hours and often leads to physical injury. This can vary from a fall on the work floor to an accident with dangerous machines, or even a traffic accident while you are on the way to a customer for your employer. Industrial accidents occur in all kinds of sectors, from construction and industry to office environments and professionals on the road.
Examples of industrial accidents:
- A warehouse employee 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 performing his duties.
- A painter falls from a scaffolding that is not properly anchored.
Is my employer liable?
In most cases the employer is liable for an industrial accident. By law, the employer has a duty of care to ensure that the working environment is safe. This means that all necessary safety measures must be taken to prevent accidents. This includes clear instructions, making protective clothing or equipment available, and monitoring compliance with safety regulations.
When is the employer not liable?There are situations in which the employer is not liable for an industrial accident, such as:
- Intentionally reckless behaviorof the employee.
- The employer has takenall reasonable safety measuresto prevent the accident.
- Intention of the employeeto cause an accident.
In these cases, the employer must prove that he did everything he could to prevent the accident and that the employee acted recklessly or negligently.
Steps after an industrial accident
After an industrial accident, it is very important that you take immediate action to protect your rights. Follow these steps:
Determine whether it is an industrial accident.An industrial accident occurs during work or working hours. This can be at the workplace itself, but also at another location if, for example, you are on your way to a customer.
Identify the cause.Was the accident caused by a lack of safety measures, insufficient supervision or an error by a colleague? This may determine your employer's liability.
Ensure that the Labor Inspectorate is involved.In the event 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.
Note witnesses.Colleagues or other witnesses can be crucial to confirm the circumstances of the accident.
Map your damage.Collect all medical costs, extra expenses, lost income and other damage items. This can help later when filing a claim for damages.
Hold the employer liable.This is best done with the help of a personal injury lawyer. At Arslan &Arslan Advocatenwe are happy to help you submit a claim and ensure a proper settlement of your case.
Material and immaterial compensation
After an industrial accident you may be entitled to varioustypes 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 adjustments to your home.
- Non-material damage (punitive damages):This is compensation for the emotional and physical pain you have suffered. Consider the impact on your enjoyment of life, long-term pain complaints, or psychological suffering caused by the accident.
Example case: Construction worker with serious injuriesMr. Yilmaz, working as a construction worker, suffered serious injuries after a scaffolding he was working on collapsed due to a construction error. He had to undergo several operations and is permanently limited in his physical capabilities. Arslan & Arslan Advocaten successfully held the employer liable because sufficient safety checks had not taken place. The compensation included his medical costs as well as compensation for loss of income and damages. Ultimately, an amount of €450,000 was awarded.
Free legal assistance in an industrial accident
Apersonal injury caseafter an industrial accident can be complicated, especially if the employer disputes liability. At Arslan & Arslan Advocaten, we are ready to guide you through the process. Our experienced personal injury lawyers ensure that you get what you are entitled to, without this being at the expense of 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 arrange the legal procedure 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 temporary worker at a distribution center, slipped on a slippery floor and broke her hip. Although she was not directly employed by the company where the accident occurred, we were able to demonstrate that both the employment agency and the company where she worked were liable for the accident. This resulted in compensation of €85,000 for medical costs, loss of income and damages.
What to do after an industrial accident?
Always contact a personal injury lawyer immediately after an accident. At Arslan & Arslan Advocaten, we ensure that your rights are guaranteed and that you receive the compensation you are entitled to. Don't wait too long to take action, because time can be of the essence when filing a claim.
Our approach is personal, expert and focused on your situation. We work nationally and, if necessary, will visit your home to discuss your case. Contact us today for a no-obligation, free consultation.
Contact Arslan & Arslan Advocaten or complete our online contact form and we will contact you shortly.