Legal assistance for industrial accidents | Rechtswinkel.nl
Questioner
Hi, I recently fell during work hours (I work as a courier on a bicycle) and had to go to the hospital to have my chin stitched. I was under the impression that accidents during work hours would be reimbursed by the employer, but my boss says: yes hello, sort it out yourself, we don't pay anything. I have read my contract and it does not say anything about liability in the event of accidents, except 'This agreement is not subject to a collective labor agreement'. Does this mean that they are in the right and that I am responsible for the damage myself? Also: I couldn't finish my shift because I had to go to the hospital. Aren't they supposed to pay for the hours I worked less? thank you in advance!Lawyer
Your employer is liable for accidents at work, unless there is intent or your employer has demonstrated that he has done everything to prevent accidents. The latter does not happen often. Your employer must continue to pay you from the moment you became ill as a result of the accident. For further assistance, you may contact me directly if you wish.Lawyer
An annoying situation. And actually your question contains several questions. One question is about the damage caused by the fall. The other question is about continued payment of wages. If you look at the question of who should pay for the damage, the liability of the employer comes into play. The law stipulates that an employer is liable for damage suffered by an employee, but only if the employer has breached his duty of care. An employer must ensure safe working conditions. This is a bit more nuanced with work in traffic. After all, the employer has no influence on traffic. But he does have influence on the way in which you do the work on your bike. For example, by providing a crash helmet. You will therefore have to investigate to what extent the employer has breached the duty of care in your specific situation. If you want, you can give me more details about the accident and I can study that for you. And then see whether you want to hold the employer liable for damage. You should then view damage here as your deductible from the health insurer, extra costs or compensation for pain and suffering due to the fact that you have suffered injury. The other factor is whether your employer must continue to pay your wages during illness. The answer to that question depends on the type of contract you have. If you have a permanent contract with fixed hours, your employer must continue to pay at least 70% of your wages during illness. In any case, the employer's response of 'figure it out yourself' is not decent. If you need help, please feel free to contact me. And of course, get well soon!Neem de volgende stap
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