Work accidents
Have you had a work accident? Do you want to know whether your employer is liable and what will be reimbursed?
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Work accidents are very common. These could be accidents such as a traffic accident (you were traveling for work), a slip, sustaining an injury from a machine or, for example, you are exposed to harmful substances. In most cases, your employer is liable for the damage you sustain during your working hours.
Employer liability
Your employer has a duty to ensure that your working environment is safe so that no accidents can occur. Unfortunately, the period in which you drive from your home to work is not considered working time but private time. Your employer is therefore not liable if something happens on the way to work (or from work to home). But your employer is (often) insured for these types of accidents.
Your employer is almost always liable for a work accident. Your employer must then compensate all your damages. Your employer is often insured against these types of accidents. This means that you do not have to have a direct conflict with your employer.
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Your employer has a duty of care: as a good employer, he must do everything in his power to prevent an industrial accident. To avoid liability, he would have to prove that he was not to blame at all. This is very difficult for the employer, and the jurisdiction is also in favor of the employee.
If the employer wants to prove that he is not to blame, he will have to demonstrate, among other things, that:
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the employee's workplace was sufficiently safe;
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sufficient safety measures had been taken;
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the employee has received proper instructions about the work to be performed;
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there was sufficient control over compliance with these instructions;
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the machines used were sufficiently maintained.
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If the employer cannot prove this, he can still try to prove that the employee caused the accident himself or was deliberately reckless.
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What if you were injured as a result of another employee's mistake? The employer is then also liable. Your employer also had control over the other employee.
And what if the accident occurred during the break or during a company party? Even in these cases, your employer may still be liable. It is very difficult for the employer to escape liability.
The above rules also apply to temporary workers. For temporary workers, both the company where they are employed and the employment agency can be hold liable. In some cases, these rules may even apply to self-employed persons without employees.
The annual report of the SZW Inspectorate shows that temporary workers in particular are at greater risk of a work accident.
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We can help you hold your employer liable for the damage you have suffered.
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Damages
In the event of a work accident, you can consider various forms of damage. This may involve material damage (for example damage to your vehicle), physical damage (broken arm) or psychological damage. The following costs are eligible for compensation:
-loss of income;
-costs for medical care;
-domestic help;
-travel expenses;
-costs for hiring a lawyer/attorney;
-immaterial damage (pain, sadness, fears, loss of enjoyment of life). â–
Contact
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