Together we solve it

Employers must create a safe situation
Art. 7:658 (1) BW requires employers to take measures to prevent (injury) damage. If the employer fails to comply, the employer can be held liable. The working conditions legislation determines what measures must be taken on the shop floor; the labor inspection checks these measures. If the labor inspection concludes that the employer has violated the law, the employer is in principle liable. But even if no norm has been violated, the employer can be held liable. The Supreme Court assumes a high level of safety in the workplace; that is, the employer must create additional safe conditions, which may go beyond the prescribed standards. The attorneys at Munten Personal Injury will help you pursue liability in a workplace accident. If liability is admitted, the attorney fees will be for the insurer; you will pay us nothing.

What to do after a workplace accident

After a workplace accident, you don’t immediately think of gathering evidence, but evidence plays a decisive role in all personal injury cases. It is important that you are able to obtain witnesses, reports and footage to support your claim. It is also important to seek medical attention after a workplace accident, this will help the recovery process and also substantiate that you have actual injuries. After you have gathered evidence and sought medical attention, it is important to take one of our lawyers into your hands. An attorney will guide you through the entire process and ensure the best possible outcome.

Lawyer in a workplace accident

When a workplace accident occurs, discussions can arise on a myriad of issues. We help you navigate discussions, look at legal feasibility, maintain contact with insurers and the employer, and make sure the entire process goes smoothly. Holding your employer liable can be seen as a big step, so it is important that this is done carefully and communication with the insurer is initiated as soon as possible, so that the relationship with your employer does not deteriorate unnecessarily.

How much compensation in a workplace accident?

As a victim of a workplace accident, you suffer harm in several ways. The medical expenses quickly mount up and work is not possible as it was before the accident. The household is no longer possible and the children must also be taken care of. You have to stop your studies even though you just started and are still paying tuition. As long as the costs are related to the accident and are reasonable, they can be reimbursed. Loss of work capacity is an injury that occurs when you can no longer work (fully). Losing income is a serious problem and can add up quickly. Your lawyer can ask for an advance so you don’t end up in financial distress. Smart money is compensation for damages suffered. This amount is arrived at through various guidelines and compensates for damages suffered where there is no price tag.

Fell or tripped at work

You are working on equipment or walking from your cash register to the warehouse and you trip or fall. It could be that the floor was wet, there is a threshold that is too high or there is equipment on the floor that caused the fall. A fall can cause long-term injuries that prevent you from going back to work. A fall from an aerial platform, roof, scaffolding or a machine are also conceivable scenarios. In many cases it is possible to hold the employer liable if you have fallen, a moment of inattention is not enough to not admit liability. Your employer may try to pin the blame on you because he believes it was an accident. Know your rights and contact one of our lawyers, they can assess whether it is feasible to hold your employer liable.

Construction industrial accident

Construction is hard work with lots of equipment and heavy building materials, and an accident can happen in no time. An accident in construction can have major consequences for you. Your physical health plays a big role in your work and you are afraid that you will not be able to work for a while and therefore lose income. If an accident has occurred in construction and you suffer personal injury as a result, it is important to get an attorney’s help. Contractors and construction companies are quick to shift the blame to the worker’s so-called carelessness or incompetence. It is important to know your rights and what you are entitled to. In cases where it is unclear whether an employee or (sub)contractor is involved, there are often discussions about who is the liable party. In the Netherlands there are rules that protect the employee in these cases, it is important to contact one of our lawyers so that they can assess whether there is a construction industrial accident.

Car accident or collision during working hours

In principle, an accident involving a vehicle during working hours or on company premises falls under the employer’s liability. When there is a unilateral accident, it may still be possible to hold your employer liable. This is because your employer may have passenger indemnity insurance (SVI). It is important to gather evidence regarding the accident; the claim form and witnesses are examples of this. If there has been a car accident or collision, it is important to contact one of our attorneys.

Industrial accident caused by machinery or treadmill

Cutting machines, tools and treadmills have fast-moving parts that can cause many injuries in an instant. The consequences of this type of injury can have a major impact on your life. There are strict rules and requirements that the employer must comply with, such as creating a safe working environment and considering the employee’s carelessness. He must actively provide safety training and verify that tasks are being performed safely. If the employer fails to do this, he can be held liable for the damages incurred. When the extent of the damage and injury is great, we recommend contacting one of our attorneys.

Industrial accident caused by coworker error

In principle, your employer is responsible and liable for the mistakes of his staff. This does have the requirement that the mistake must have been made during working hours. Liability can therefore be established with your employer if it happened during working hours. If it did not happen during working hours, liability can be asserted against your colleague. To assess on whom liability can be based and which rules apply to you, it is wise to contact one of the lawyers at Munten Letselschade.

Exceptions

If the employer has taken all necessary precautions to ensure the safety of the employee, liability cannot be established. Other exceptions include: reckless conduct, alcohol, drugs or willful intent. Evidence must always be presented as to what is claimed.

Individualized approach for each case

Our goal is to make the liable party, usually an insurer, bear as much of the personal injury victim’s burden as possible. This requires swift action, which is often a challenge due to the natural inertia of the parties involved, such as insurers. However, thanks to our years of experience and good contacts, our personal injury lawyers know how to reach the right people at the right place, which usually allows us to achieve the desired speed.

An important part of this is that we quickly figure out with you what matters for your situation. Compensation is not an outcome of a calculation. It requires good cooperation between victim and personal injury lawyer to figure out what is needed at this time and later. The injury has a big influence on this, but so do the victim’s social and financial circumstances, of course. Fortunately, personal injury law is still very much a people’s business and we can offer our expertise. A personal injury case is quite intense if you want to do it right, it really is a collaboration, because even though our personal injury lawyers are specialized in this field: we do not know what is going on with you.