Accidents happen at work. Industrial accidents regularly occur in construction and industry in particular. The question then is who is now liable for the damage suffered by the victim as a result of the occupational accident. But it is also important to know which items of damage are eligible for compensation and what a personal injury lawyer (Dutch: letselschade advocaat) can do for you in the event of injury as a result of an industrial accident.
An industrial accident can have various causes. For example, it is possible that someone falls from a scaffolding or ladder on construction. But there may also be a mistake by a colleague that causes a colleague to be injured or to have complaints. For example, in a collision with a forklift truck.
Who is liable in the event of an industrial accident?
Who is liable for the harmful consequences of an industrial accident is often investigated by a personal injury lawyer. For example, a personal injury lawyer in Utrecht (Dutch: letselschade advocaat Utrecht) after an occupational accident in that city.
Who exactly can be held liable firstly often depends on the applicable law. In many countries, such as the Netherlands, the employer has a duty of care. This duty of care means that the employer must do everything possible to ensure that its employees can work safely. This means, among other things, that machines must be safe and well maintained, that the floor is clean and not slippery and that an employer provides safety clothing and safety shoes. If an employer does not fulfill his or her duty of care, this employer is liable for the damage suffered by its employee.
What to do after an industrial accident?
Being a victim of an industrial accident is no small matter. In addition, it is not self-evident that there is a right to compensation. Firstly, it must be established that the employer has not fulfilled his or her duty of care. If this has been established, the personal injury victim still has to prove that the injury also occurred as a result of the industrial accident and that there was also damage as a result of this injury. Damage resulting from injury is referred to as personal injury.
In order to prove that there has indeed been injury as a result of an industrial accident, it is important that there are witnesses to the industrial accident. This could be, for example, a colleague who is working with or a client who sees the accident happen at work.
Are there witnesses to the industrial accident? Then ask these witnesses to prepare a statement. With this witness statement you can prove that you had an accident during working hours. Did you subsequently go to the hospital or a doctor for treatment of your injury? Then it is also established that you sustained injuries from the accident at work.
Which damage items are reimbursed?
Personal injury consists of material damage and immaterial damage. Intangible damage is also referred to as punitive damages. This is a compensation for the pain complaints and anxiety complaints that you are left with as a result of the industrial accident. But compensation is also compensation for sadness, anger and loss of joy in life because you have become limited at work due to the accident. For example in the field of work, but also in terms of hobbies.
Material damage consists in the first place of all costs incurred as a result of the industrial accident. This may include medical costs such as treatments by doctors and therapists. But also travel costs and costs for household help are included in these costs.
In addition to costs, damage items such as loss of income, damage due to a study delay and pension damage are eligible for compensation by the employer in the event of an industrial accident.