Personal injury advice after an industrial accident – ​​Free consultation

Questioner

I had an industrial accident in March 2014. An iron pin was hit against my ankle. I reported myself sick on 08-04-2014 because I couldn't even put my work shoes on anymore. I went to the GP with this, who started treatment. On 11-04-2014 I was given notice of dismissal for economic reasons. My contract was terminated by the judge. After treatment by a number of specialists, it was discovered after 1.5 years that it wasn't my bones but tendons. The blow tore my ankle ligaments and a tendon was gone. I am also being treated by a rheumatologist because I also had gout at the time. Now the specialists are all talking about old injuries and that it cannot be proven that it was caused by the accident, even crazier they even claim that I would have had problems with that ankle anyway. The social plan includes a clause stating that if it turns out that I am still unable to work after 2 years, the employer can be held liable. Through the union, the medical advisors say that I have to accept the amount of money offered by the lawyer of the old employer, but then it is not discussed anymore, then it disappears into the dustbin. Because according to them I have no leg to stand on, but I say that the injury is indeed from the accident. Do you think it makes sense to start a lawsuit or would I be better off accepting the money?

Lawyer

The opinion of the specialists really takes precedence here, namely that the discovered defect (predisposition) was precisely what caused your complaints or that these complaints would have occurred anyway, but later. So there is no connection in time. You could argue that the complaints would have occurred later than is the case now and that this damage should be compensated or ,,,, get a second or third opposing opinion from another specialist. I do advise you to get some legal assistance before you sign anything.

Lawyer

I understand that you are being represented by your union. They advise you to accept the compensation that is offered to you. If you have any doubts about this assessment, you may want to contact a personal injury specialist for a second opinion. Personal injury specialists often offer a free second opinion, which will reassess your case. Unfortunately, it is not possible to give you good advice without having insight into your (medical) file. In addition, starting a lawsuit is often the very last resort to force the other party to pay damages. This involves the necessary (financial) risks. Good luck!

Questioner

Where can I find a personal injury specialist for that second opinion, and also on very short notice? Because they also state that they need an answer (decision) by 25-01.

Lawyer

For a reliable advocate, please visit the website of the Personal Injury Council: www.letselschaderaad.nl. If you live near Groningen, I could help you. In that case, you can contact me directly through this website. They ask you to decide by January 25, 2016. Perhaps you can ask for an extension of this deadline? Usually that is not a problem.

Lawyer

What an unpleasant situation you have ended up in because of the work accident. I think it is not fair that they are now pressuring you to decide with a deadline of 25 January 2016. My advice to clients is always not to agree if they are being pressured and do not feel good about it. In order to be able to form a good judgment as to whether the amount offered is reasonable, it is necessary to read your file carefully. You must take into account that such a second opinion involves costs. If you wish, you can contact me without obligation to see how I can possibly help you further.