Liability in case of industrial accident | Legal aid centre

Questioner

Story: I was working at the company on 28-01-2017. This is an aluminum foundry where we work with coatings. This coating is used to lubricate many tools so that aluminum does not stick. This is ultimately on places on the casting platform such as gloves etc. After I rubbed even 1 small rub in both corners of my eyes. My eyes became very red around 5:20. After rinsing my eyes I took it easy but saw a blue haze with rainbow colors at every point of light. Then I went to my assistant team leader to ask for an eyewash bottle, which I received and rinsed. However, when my shift was over and the blue haze got worse while driving, the emergency room was called. Which meant I had to go to the ophthalmologist. I have been here and my cornea is damaged with holes in it due to lye/acid (which is in the coating). Because of this I have been to the GP, ophthalmologist assistant and ophthalmologist. I went back on Saturday 7-1-2017 for a check-up and got drops/antibiotics My eyes are now recovering. But it happened at work and that is why I am asking. Because I probably had my dirty fingers in the corners of my eyes. Is it still an industrial accident? However, there is no special security for the product to prevent it from spreading. Can I possibly recover these costs from the company? Thank you very much legal advice center for reading my message, I look forward to hearing from you. Thank you

Lawyer

Your employer must provide a safe working environment with proper protective work equipment. If he does not do this, he is failing if damage has occurred as a result of the work. This is also the case if there has been a lack of supervision or a lack of instructions. The question is whether this is also the case in your case. If so, your employer can be held liable for the damage that has occurred. You can then claim medical costs and other damage. For more information or assistance, please contact me via a private message.

Lawyer

First of all, I would like to wish you much strength with the full recovery of both your eyes. In the Netherlands, the employer is responsible for creating a safe working environment for employees. As a result of your work, you have suffered an injury and your employer can be blamed for this. The employer will most likely have liability insurance that will cover the (financial) consequences. It is important that there will also be clarity about what injuries you have sustained. The doctors who helped you can provide more clarity about this. You are entitled to compensation for all costs you have had and will still have. This includes, among other things, any income you may lose if you are unable to work as a result of the injury you sustained, as well as compensation for all assistance you receive from third parties, whether paid or unpaid, and of course compensation for non-pecuniary damage. A personal injury specialist can help you with this and can submit his or her costs to the liable insurer. If you require any information or assistance, please feel free to contact me free of charge.

Lawyer

First of all, I would like to wish you a very speedy and complete recovery. In a similar case that I recently handled, the employer's insurance company eventually accepted liability. Initially, it continued to insist that the employee was at fault because he knew that hazardous substances were being used and had been unnecessarily careless. In your case, the question is whether you were sufficiently informed about the dangers of the coating and how to deal with them. In addition, the working environment must be adapted to the dangers and you must be provided with safe clothing and accessories to be able to do the work safely. My first thought when I heard your story was whether safety glasses were not being worn and if so, why not. In any case, I advise you to seek advice from an injury specialist. They can assess whether you have a chance of success in recovering damages. If you wish, you can contact me about this. My advice is always free and if I see a chance of success, I will handle your case and recover my costs from your employer's insurance company.

Lawyer

This will not be an easy situation for you. I wish you much strength in your recovery. The law is clear: Your employer is in principle liable unless he can demonstrate that he has done everything possible to prevent accidents like this. If you can claim that the accident could have been prevented by, for example, better information, instruction and/or use of materials, you can recover all damages you suffer from your employer (or his insurer). In terms of the costs that you can recover, you can think of, among other things, the costs of medical assistance (to the extent not reimbursed by your health insurer), travel expenses, telephone costs, loss of income (if, for example, your employer only pays you 70 percent) and non-material damage. Another important point of attention is that your employer ensures your adequate reintegration. First, if possible, in your own work, otherwise with adjustments. I have a lot of experience with these types of industrial accidents. You are most welcome if you have more questions or are looking for support. Please contact me directly.