Compensation for personal injury after an accident at work
Your employee suffers an accident at work and is seriously injured or dies. If it turns out that your business is liable for this, you must pay compensation to your employee or the family.
What is personal injury?
Personal injury refers to physical or psychological harm sustained by an employee as a result of an accident that occurs whilst at work. Examples include:
- falling on a slippery floor
- falling from a roof
- an accident involving machinery
Liability for personal injury
As an employer, you are responsible for the conditions in which your employees work. In the event of personal injury, you may be liable. If you are liable, you must pay compensation.
You are not liable if:
- you can demonstrate that you took sufficient measures to prevent the accident.
- you can demonstrate that the employee deliberately caused the injury or knowingly took a high risk. This is known as wilful recklessness.
You are responsible for a safe working environment
This is known as the statutory duty of care. For example, you must:
- provide protective equipment and safety measures
- maintain machinery properly
- give employees the correct instructions for their tasks
Have you failed to ensure a safe working environment? If so, you are liable for the workplace accident. And you must compensate your employee for any physical or psychological harm.
> Find out what you can do to ensure a safe working environment (in Dutch)
Compensation for material damages
Material damage is damage that can be expressed in monetary terms. For example, extra costs incurred following an accident at work, such as:
- medical treatment that must be paid for out of the own-risk allowance
- treatment the health insurer does not pay for
- household help
Does your employee have to work fewer hours after the accident due to injury? The loss of income is also material damage. If you are liable, you must pay compensation for these costs or losses.
Compensation for emotional distress
Immaterial or emotional damage is damage that can not be expressed in monetary terms. For example, your employee suffers from a lot of pain after the accident. Or their quality of life is reduced
What is compensation for pain and suffering?
Compensation for pain and suffering is the term used for compensation for the emotional and physical harm suffered by your employee as a result of an accident at work. It is also known as compensation for emotional distress. If you are liable for the accident, your employee can claim damages.
Your employee may claim compensation for pain and suffering if, for example, they can no longer walk properly because of the accident. Or if they are left with noticeable facial scars from the accident.
Compensation for family and friends
If your employee is seriously and permanently injured, or dies, it also affects your employee's immediate family and close friends. They may suffer emotional distress as a result. In legal terms, this is called emotional damage.
Compensation for emotional damage
Compensation for emotional damage is also a type of compensation for pain and suffering. Not for the person involved in the accident, but for their immediate family. Such as their children, parents, or (registered) partner.
Amount of compensation due after an accident at work
The amount of compensation awarded after an accident at work depends on the type and seriousness of your employee's personal injury.
With material damages, it is usually clear what additional costs or financial losses your employee has due to the accident.
The amount of compensation for pain and suffering that you must pay depends on the situation. There are no fixed amounts. For example, if your employee is permanently disabled because of the accident, they will claim more than for a broken arm. To calculate damages, lawyers and personal injury experts look at, among other things, the compensation other victims have received in similar types of situations. The judge then determines if the amount claimed by the victim is appropriate.
Compensation for emotional damage is a fixed amount between €12,500 and €20,000. These amounts are set out in the Emotional Damage (Compensation Claims) Decree (in Dutch). The amount depends on various factors, such as whether the person is injured or deceased. And, for example, whether they had children still living at home.
Who pays the compensation after a personal injury?
Do you have business liability insurance? If so, the insurer will usually pay the compensation after an accident at work. This applies to compensation for financial loss, compensation for pain and suffering, and emotional damage. Check if your business is well insured for the risk of liability.
Please also note the insurer’s terms and conditions. In the event of a claim, the insurer will investigate whether you are liable for the damage incurred.