Employer liability for personal injury

Questioner

At my work (read: school) I want to close a high tilt window, in the playroom by means of a metal lever. I have been doing this for years. The moment I pull the lever down, I think what is that light going on! that is weird?! I look up and the metal bar is already on its way to my head. BANG... I grab my forehead and the caretaker, who saw everything, steps towards me. Show me he says, I say I don't dare to remove my hand and it hurts a lot... then blood runs from under the heel of my hand along my eyes, nose, over my face. I sit down with my legs wide and it drips onto the floor..... NOW my question I was obliged to stay that day in the evening and promptly this happened. I had a colleague take me home, there was a cut near my hairline. I couldn't do anything about it, overdue maintenance, I assume. Can management now hold me accountable for the fact that I should have been there? And suppose it had hit my eye? What could I have done?

Lawyer

Day, your employer is liable for the damage that you suffer, have suffered and may suffer in the future. I can help you with that, what could have happened, there is no point in talking about that. Can you tell me more, for example about your damage?

Lawyer

The employer is not liable for any damage suffered by an employee. The employer must arrange the workplace in such a way that the chance of injury is minimal. Sometimes, however, an accident at work is a matter of bad luck and the employer is not always liable. You can hold the employer liable if - as you suspect - there is indeed a lack of maintenance, and this has created the risk that you would sustain this type of injury. You can send a notice of liability in consultation with your employer, after which the employer will process the letter with its insurer. If the insurer does not respond, you could consider hiring a personal injury lawyer.

Lawyer

Hi, That is annoying. And if I read your question correctly, you also feel guilty about going home. Of course, that is not necessary. It seems that you have had an accident due to insufficient maintenance. The school has a certain duty of care and will have to ensure that you can work in a safe environment. In any case, this situation was not safe enough. In my opinion, the school as an employer can be held liable for your damage. And conversely, it seems to me that it goes too far that the school would address you that you went home. After all, there was a valid reason, personal injury after an accident, and the caretaker saw that. It also depends on the circumstances, whether you could have done something differently. As I read your question now, it doesn't seem that way. But the details are important. I do advise you to address the school/your employer about this situation. And if your injury is serious enough, then you also hold the school/your employer liable. Get well soon with your recovery.