Claim compensation for burns

Questioner

I suffered second-degree burns on my face after my manager ordered me to unclog a clogged sink with drain cleaner. The drain was so clogged that the fluid started fizzing and sputtering. I'm left with scars at least five centimeters long. The company contacted the insurance company, but they'll probably tell us our policy states we're not allowed to repair it ourselves, but must call a technician immediately.

Questioner

Ir/Madam, First of all, I wish you strength and hopefully a speedy recovery, although this is only possible to a very limited extent with scars. The fact that there are regulations in place doesn't automatically mean your employer can't be held liable for failing to fulfill its duty of care for the health of its employees. In your case, it's important that your manager instructed you to unclog the sink. An employer/manager who gives instructions to employees in violation of their own safety regulations is in breach of the aforementioned duty of care and will be liable for the resulting damages (at least the employer's insurer). If you would like further consultation or assistance in this matter, please feel free to contact me.

Questioner

I'm so sorry to hear that you're likely to have permanent scars from unclogging a sink. I wish you all the best in the coming period. Especially now that you likely have permanent scars, I advise you to claim compensation. I agree with my colleague Roth that the company's own regulations don't mean you can't claim compensation. Now that your employer has activated their insurance, it's wise to seek legal assistance yourself. If you wish, I'm happy to assist you. In these cases, I work on a no-win, no-fee basis. I bill my costs to the employer's insurance company if they pay compensation. By law, they are obligated to reimburse these costs. You never have to pay my bill, because if no compensation is paid, you don't have to pay my costs either.

Questioner

Hello, thank you for your reply. What are the average amounts of compensation for burns and permanent injuries? I'm also a bit worried about offending my employer if I hire a lawyer.

Questioner

That's very difficult to say in general. However, in the Netherlands, the amounts for non-pecuniary damages are not excessively high and often don't exceed a few thousand euros. I understand that filing a claim against your employer is difficult, but ultimately, you suffered permanent injuries. Furthermore, you indicate that your employer is insured for this, so everything will likely be settled with the insurer. And I assume you won't make unreasonable demands, so I hope your employer understands that you are also seeking expert advice.

Questioner

The claim will be settled through the insurer. Your employer will generally not notice much of this. The extent of the damage will depend greatly on your personal situation. In the case of facial scars, if someone has a representative role (frequent contact with people outside their employer), the scars can be very disruptive. Even without a representative role, scars are naturally disruptive, but in a work environment, this is even more problematic. For example, costs for plastic surgery (if that would be a good option) that are not reimbursed by the health insurer also fall under the damages that are eligible for compensation.