Liability for Occupational Accidents | Legal Aid

Questioner

Dear, I am a professional firefighter at a company fire brigade. As part of being a firefighter, we are required to exercise on our working days. Once a week, a sports instructor comes to supervise us. Now, during that supervised exercise, a nerve in my back got pinched and I have been at home for 3 months and it is not over yet. After 3 months, the employer cut my salary, which is allowed according to the collective labor agreement. But I believe that this is an industrial accident and that my salary should remain one hundred percent and even more so, I believe that the employer is also liable for the costs that I have to make. Personal contribution to health insurance, medicines, help in the home, etc. etc. etc. But the big question is of course, is the company liable for this and can I hold them liable?

Lawyer

Dear questioner, First of all, I wish you a speedy recovery and hope you make a full recovery. An employer is liable for your damage, if you suffered this damage during the performance of your work and your employer also failed to meet his duty of care. Whether your employer failed to meet his duty of care depends on many factors. Unfortunately, I cannot give you an answer to that based on your story. If you wish, I can further assess your case free of charge. If it turns out that your employer is indeed liable, I can provide you with legal assistance in obtaining compensation. This assistance is often free of charge, because the liable party must pay the legal costs.

Lawyer

What a horrible situation. Strength and get well soon. The employer must in principle compensate this injury and additional damage as a result of this accident at work (exceptions aside). The employer's insurance covers these costs if all goes well, including the costs of legal assistance. This is my specialization. I am happy to help you with this if you wish. Feel free to contact me without obligation.

Lawyer

Strength and I hope you heal quickly and completely. In general, it can be said that the employer has a legal obligation to take sufficient safety measures to prevent employees from suffering physical and psychological injuries during work. The employee must therefore be protected. If the employee proves that he has suffered damage due to the work, the employer is liable, unless: • The employer has taken sufficient safety measures or; • The accident was caused by intent or deliberate recklessness on the part of the employee. Whether sufficient safety measures have been taken in your case so that the employer has fulfilled the duty of care is not clear. That depends on what exactly happened. I specialize in occupational accidents and personal injury cases. If you wish, you can contact me without obligation.