Liability in case of industrial accident | Rechtswinkel.nl

Questioner

Hello I had an industrial accident on Monday 10 December. I fell into a started pit that serves to let light through for the basement window. However, no grille had been placed yet and there was also no barrier. Behind the kitchen window that is above it I saw the resident. I step forward to knock on the window because there was no doorbell to be found. I fall 1.50 meters to my feet with 1 leg still on the side with my back on I suspect an outside light. I damaged my knee ligaments and back so much that I have been at home for a week now and can't even dress myself. I had to be there because of the installation of a kitchen. Can you tell me whether and how I can claim damages. Yours sincerely , .

Lawyer

Dear Sir, Because it is wiser to ask the question anonymously, I have removed your name. Let me start by wishing you a speedy recovery. You can hold your employer liable for all the damage you have suffered. Your employer is undoubtedly insured for this and the insurance will handle this for your employer. If you need help with holding your employer liable and settling the damage, I advise you to engage a legal expert. The costs of this can be recovered from the insurance, so it does not have to cost you anything. If you wish, I can assist you with this.

Lawyer

Dear questioner, first of all, get well soon and good luck with your recovery. The question is whether your employer has breached a duty of care. In order to assess this, more information is needed: what kind of work do you do? What were you going to do in/at the home in question? What instructions did you receive from your employer? Did your employer know the home where you were going to do your work? It is also possible that the owner of the property is liable. For more information, please contact us.

Questioner

Hello, my profession is kitchen fitter in employment. I am sent out daily to install kitchens at our customers. This also applies to this customer where I would install a kitchen and utility room in a coach house in three days. It is customary that I register with the customer. There was no doorbell at the entrance to the house, a contractor is working at various locations on the site. The path to the house was not yet ready. And the pit in question where I fell was not shielded or covered. I understand that the grate was not yet ready. I do not know whether my employer knows the house. But the seller will have been there at another time to measure the relevant spaces where kitchens will be installed. What I do know is that I pay for accident insurance every year through my employer. I have just been to the doctor and was told that I will not be working this year anyway. My knee ligaments and meniscus are badly damaged and it is not yet known what the consequences will be. It may even be necessary to have surgery at a later stage. My doctor told me that it is possible that my muscles will take over the task of the knee ligaments. However, the knee ligaments will not repair themselves. And I will have to be very careful for the rest of my life. For example, Jumping off the bottom step of the stairs is already dangerous, something that should normally be possible. Since I have to work on my knees a lot in my job, I am very concerned about this. I absolutely do not know how to act and what to do and whether it makes any sense at all.

Lawyer

The rulings vary as to whether or not the employer is liable. But your situation description reminds me of the ruling of our highest court. In that case, an employee fell when leaving a house under construction due to a difference in level of 30 cm between the floor of the house and the ground outside. The Supreme Court found that the employer should have taken appropriate measures to prevent this. So I do see a good chance of holding your employer liable. I therefore advise you to continue the case and possibly enter into discussions with the insurer. Incidentally, I always point out to victims that we do not live in America and that the compensation is real compensation for the damage you suffer and that no enormous compensation is paid.

Questioner

So if I understand correctly, my employer must check at all locations whether it is a safe working environment. Something that seems impossible to me because then he would have to go along on every job. Then the question remains whether it is wise to hold your employer liable for the default of a contractor. Because I hope to continue working for him for some time after possible partial or complete recovery.

Lawyer

By law, your employer is expected to make an effort to prevent you from suffering damage in the performance of your work. If, as in your case, you suffer damage in the performance of your work, it is up to the employer to demonstrate that he has fulfilled his duty of care. If he fails to do so, he is liable (and his insurer will have to compensate you for your damage). I can understand your reluctance to hold your employer liable. However, you have suffered quite serious injuries, and it is questionable (given what you write that your GP is said to have said) whether you will be able to continue working for your employer for much longer. After all, installing kitchens puts strain on the knees (lifting and frequently sitting on your knees). I also advise you to seek legal assistance. If you live in the Westland area, I will be happy to assist you.

Lawyer

It seems difficult to me to hold your employer liable. I do not see any breach of duty of care at this time. I would advise you to hold the owner of the house liable for the unsafe situation. There is a strict liability for the owner of a house. It can also be argued that the owner of the house acted unlawfully by not closing off or covering the cellar hole. If you would like further advice or legal assistance, please feel free to contact me.