My grandson had an accident and his contract is expiring, what should we do next?

Questioner

Good afternoon I have the following question: My grandson had an accident at work last Monday, January 11th, which resulted in the amputation of the two upper knuckles of his left middle finger. His six-month contract expires on Wednesday, January 20. My question is how should we proceed with regard to the Sickness Benefits Act and personal injury? Next Thursday the Arbo is at his employer and my grandson is expected there too. I will go with him and hope that you can give me a definite answer asap so that I know how we should handle it with the employer and Arbo. Thank you in advance. Greetings

Lawyer

Dear Mr. Van Zetten, hello Kees, I understand that your grandson had a serious accident on January 11, 2021. His employment contract ends on January 20, 2021. You ask how to proceed now in connection with the Sickness Benefits Act and the personal injury. Your grandson's employer will have to report him sick to the UWV if his employment contract is not extended. Your grandson will receive a sickness benefit if he is unable to work. He will in any case be confronted with a lower income, because the sickness benefit amounts to 70% of the income in the period before incapacity for work. Your grandson's loss of income, in addition to the other damage, is eligible for full compensation. Based on article 7:658 paragraph 2 BW, the employer is liable for damage that an employee suffers in the performance of his work. The employer will have to compensate your grandson for this damage. Most employers are insured for liability, so the claims settlement process will probably take place via an insurer. Your grandson may be assisted by a specialized personal injury lawyer during the claims settlement process. The costs of this lawyer are eligible for reimbursement on the basis of article 6:96 section 2 BW. I am a personal injury lawyer and my work is free of charge for victims of accidents. If your grandson could use my help, please feel free to contact me. You can find my contact details by clicking on my name on the right of your screen. Yours sincerely, Marcel Schreijer

Lawyer

Dear questioner, How terribly unfortunate that your grandson had an industrial accident. Hopefully he will recover quickly. I wish him a speedy recovery! Because your grandson suffered an injury while performing his duties, there is a real chance that his employer is liable for the damage - based on article 7:658. It is important to what extent the employer complied with his duty of care and ensured that your grandson could perform his work safely. I advise you to contact a personal injury specialist who is affiliated with the National Quality Mark for Personal Injury (https://deletselschaderaad.nl/register/). This person can assist your son in recovering the damages. Any legal assistance costs are part of the damages. In the vast majority of cases, providing legal assistance will therefore not cost your grandson anything. If you would like me to help you further, please feel free to contact me. I will be happy to help you (free of charge). I wish you much strength! Yours sincerely, Krista Smit

Questioner

Good morning Marcel, Thank you very much for your response. If I understand correctly, the employer must supplement the sickness benefit up to 100% as long as my grandson is unable to work? What happens next with the payment of personal injury damages? I am waiting to hear from you. I now know more about what to talk to the employer and someone from the Occupational Health and Safety Service who will also be present on Thursday. If you have any further tips, I would be happy to hear them. Yours sincerely, Kees van Zetten

Lawyer

Hi Kees, It is true that the employer will have to compensate your grandson for his loss of income. An employer is in principle liable for the damage suffered by your grandson. This is only different if the employer can demonstrate that the damage suffered by your grandson is largely the result of intent or deliberate recklessness or if the employer can demonstrate that he has fulfilled his obligations as stated in article 7:658 paragraph 1 BW. Employers rarely succeed in this. As for the payment of the personal injury damages, it is customary for the employer to leave this to his liability insurer (I assume for convenience that the employer is insured for this). On behalf of the employer, the insurer will compensate your grandson for the damage. Before an insurer does this, it will often want to assess (or have assessed) whether the employer is liable for the accident (within the meaning of article 6:658 paragraph 2 BW). Finally, you ask me if I have any tips. A first tip is that this is a reportable accident to the SZW Inspectorate (the former labor inspectorate). The question is whether the SZW Inspectorate has received a report. If so, a fine report will probably follow. If liability is disputed by the employer and/or insurer, it is wise to have this fine report in your possession. A second tip. Depending on your grandson's profession, a collective labor agreement probably applies. If a collective labor agreement has been concluded, I recommend looking at the provisions included in it for disability and occupational accidents. The employer may also be required to take out accident insurance, in which case your grandson is the beneficiary. In that case, in addition to compensation for his damage, your grandson will also receive a benefit based on the severity of the injury sustained. And a third tip. Given the seriousness of the injuries sustained, I advise your grandson to hire a specialized personal injury lawyer to assist him. The personal injury lawyer can then contact the employer's insurer on his behalf and estimate and recover the damages suffered and yet to be suffered. If at any point an irreconcilable dispute arises with the insurer, the personal injury lawyer can litigate on your grandson's behalf. A lawyer or a 'specialist' cannot do this. If you have any questions, please feel free to contact us. Yours sincerely, Marcel Schreijer

Questioner

Good morning Marcel, Thank you very much for your response. If I understand correctly, the employer must supplement the sickness benefit up to 100% as long as my grandson is unable to work? What happens next with the payment of personal injury damages? I am waiting to hear from you. I now know more about what to talk to the employer and someone from the Occupational Health and Safety Service who will also be present on Thursday. If you have any further tips, I would be happy to hear them. Yours sincerely, Kees van Zetten

Questioner

Good morning Marcel, Thank you very much for your response. If I understand correctly, the employer must supplement the sickness benefit up to 100% as long as my grandson is unable to work? What happens next with the payment of personal injury damages? I am waiting to hear from you. I now know more about what to talk to the employer and someone from the Occupational Health and Safety Service who will also be present on Thursday. If you have any further tips, I would be happy to hear them. Yours sincerely, Kees van Zetten

Questioner

Good morning Marcel, Thank you very much for your response. If I understand correctly, the employer must supplement the sickness benefit up to 100% as long as my grandson is unable to work? What happens next with the payment of personal injury damages? I am waiting to hear from you. I now know more about what to talk to the employer and someone from the Occupational Health and Safety Service who will also be present on Thursday. If you have any further tips, I would be happy to hear them. Yours sincerely, Kees van Zetten

Questioner

Good morning Marcel, Thank you very much for your response. If I understand correctly, the employer must supplement the sickness benefit up to 100% as long as my grandson is unable to work? What happens next with the payment of personal injury damages? I am waiting to hear from you. I now know more about what to talk to the employer and someone from the Occupational Health and Safety Service who will also be present on Thursday. If you have any further tips, I would be happy to hear them. Yours sincerely, Kees van Zetten