Accidents at work
Accidents at work often occur in the Netherlands. Annually, a large number of people face injury during the carrying out of their work. For example, an employee may suffer an accident at the workplace; however, a self-employed person without employees may be injured during the work he or she carries out for another. All of a sudden you can end up sitting at home, which could also make your future uncertain. It is not always clear who can be held liable for this, and who therefore must pay the - usually high - costs attached to this.
In the Netherlands it is often quickly assumed that an employer is liable
for accidents at work during working hours. The employer must demonstrate that the working conditions were safe and that he or she has done everything to make the workplace as safe as possible in order to prevent accidents.
According to the Working Conditions Act, accidents at work are incidents at work or during working hours which directly cause harm to health. It can therefore also concern an accident within a company, in an institution, or at a (construction) location or during work on the road. Accidents which take place on a public road can also fall under accidents at work. As a rule, an accident at work has not taken place if the injury or damage arises during travel to and from work; however, if the employee has a one-car accident whilst travelling for the purpose of his or her work, an accident at work has occurred. Furthermore, an accident during a company outing, far from the permanent workplace, is an accident at work and can result in the right to compensation.
Accidents at work as self-employed person without employees
The liability of the employer can also apply to people who carry out work but are not employed by an employer (self-employed person without employees). If the work of a self-employed person without employees is comparable to the work which is carried out by employees in permanent employment of the same client, then the self-employed person without employees is treated the same as 'normal' employees. It can therefore be the case that the self-employed person without employees has the right to compensation from his or her client.
In order to hold an employer liable for accidents at work, it is important that the facts of the accident are properly detailed. What has happened exactly? Could the employer have prevented the accident and how could he or she have done this? Were clear safety instructions provided? Did the employer properly supervise adherence to the instructions provided? All these questions must be answered. It could be the case that your colleagues must also be interviewed. In such a situation we collate as much information as possible together with you about the circumstances surrounding your accident at work.
In many situations the employer will be insured against liability for accidents at work. In that case we will negotiate with this liability insurer. Our experience has taught us that a person is able to get his or her life back on track after an accident at work sooner if he or she has gone back to work. We will negotiate the possibilities for you to retain your work or to start carrying out other, perhaps adjusted, work for the same employer. This is of course only possible if the relationship with the employer is good, which is often jeopardised if the employer is held liable for the accident.
AK Advocaten assists you during the entire process of accidents at work. We engage experts, such as a medical adviser or occupational consultant. Together with you, we will discuss the possibilities of holding the employer liable and whether you are able to return to work for your current or perhaps another employer. The financial consequences of any dismissal will also be on the agenda during the negotiations we conduct for you.
Would you like to find out how we can assist you? Then please contact us.
Please contact us.
Personal Injury Law