Best Work Injury Lawyers in Ommen

About Work Injury Law in Ommen, Netherlands

Work injury law in the Netherlands protects employees who are hurt or become ill because of their work. Ommen is part of the Overijssel region, so national laws apply locally, and disputes usually go to the subdistrict court of the District Court of Overijssel. The Dutch system combines employer duties to prevent accidents, civil liability for damages, and a strong social security safety net for wage continuation and disability. There is no US style workers compensation. Instead, your rights arise from employment law, health and safety rules, and insurance based income protection.

Why You May Need a Lawyer

After a work accident or occupational disease, you may face complex issues that benefit from legal help. Common situations include disagreements about how the accident happened, whether the employer met safety obligations, or whether your injury is work related. You may need help calculating and recovering damages such as loss of income, medical and rehabilitation costs, travel expenses, household help, and pain and suffering. A lawyer can also assist if the employer or its insurer disputes liability, offers a low settlement, or delays handling your claim.

Legal support is also useful when your wage continuation is stopped or reduced, when there are problems with your return to work plan, when you need to appeal a social security decision, or when a third party caused the accident such as in traffic incidents during work. Temporary agency workers, on call workers, posted workers, and self employed workers can have special situations that require tailored advice.

Local Laws Overview

Employer duty of care. Dutch Civil Code article 7:658 requires employers to organize and maintain a safe workplace, provide proper equipment and training, and supervise safe working methods. If an employee is injured in the course of work, the employer is liable unless it proves it met its duty of care or that the injury was caused by the employee with intent or deliberate recklessness. That last exception has a very high threshold in practice.

Good employer standard. Article 7:611 requires employers to act as a good employer. Courts use this provision to protect employees in situations not fully covered by article 7:658, for example certain traffic accidents during work travel, often backed by special employer liability insurance.

Health and safety framework. The Working Conditions Act and Decree set rules for risk assessment, prevention, personal protective equipment, training, and cooperation with an occupational health service and the company doctor. Every employer must have a written risk inventory and evaluation and take preventive measures accordingly.

Serious accident reporting. Employers must immediately report serious workplace accidents such as death, permanent injury, or hospitalization to the Netherlands Labor Authority. The authority can investigate and impose measures or fines.

Income during sickness. In most cases the employer must continue to pay at least 70 percent of wages for up to 104 weeks of sickness, subject to collective bargaining agreements that often provide more in the first year. If there is no employer paying wages, for example after a temporary contract ends, you may receive Sickness Benefits through the Employee Insurance Agency.

Reintegration duties. Under the Gatekeeper Improvement Act, employer and employee must cooperate on return to work for up to 104 weeks. There are strict timelines for problem analysis, a plan of action, and evaluations. The company doctor advises on work capacity. Failure to cooperate can lead to wage sanctions for the employer or suspension of wages for the employee.

Disability benefits. If you are still unfit for work after 104 weeks, you can apply for disability benefits under the Work and Income according to Labor Capacity Act. Decisions can be appealed to the District Court and further to the Central Appeals Tribunal.

Time limits. Claims against an employer for work injury generally must be brought within five years from the day you knew of the damage and the liable person, with a long stop period of 20 years. It is wise to act early so evidence can be preserved.

Occupational diseases. Illnesses caused by work exposure are assessed by the company doctor and can be registered as an occupational disease. Special schemes may exist for certain severe occupational diseases that provide one off support, in addition to regular damages and benefits.

Frequently Asked Questions

What should I do immediately after a work accident in Ommen

Get medical care, report the accident to your supervisor as soon as possible, ask that it is recorded in the accident log, and note names of witnesses. Take photos of the scene and equipment if safe to do so, keep damaged items, and save all medical documents and receipts. If the accident is serious, the employer must inform the Labor Authority.

Will I still be paid while I recover

In many cases your employer must pay at least 70 percent of your wages for up to 104 weeks of sickness. Collective agreements often provide higher pay in the first year. If your contract ends or you are not entitled to wage continuation, you may qualify for Sickness Benefits through the Employee Insurance Agency.

Who decides whether I am fit for work

The company doctor advises on your work capacity and reintegration. Your employer cannot ask for your diagnosis. If you disagree with the company doctor, you can request a second opinion or an expert opinion through the Employee Insurance Agency. A lawyer can help you navigate this process.

Is my employer always liable for a work injury

Employers are liable unless they show they met their duty of care or that the injury was caused by your intent or deliberate recklessness. That is hard for employers to prove. If a third party caused or contributed to the accident, you may also claim against that party.

Does a commuting accident count as a work accident

Ordinary commuting is usually not covered by the strict employer duty of care. However, accidents during work travel or transport that is part of your job can be covered. Courts can also hold employers liable under the good employer standard, especially if the employer did not insure obvious traffic risks.

What damages can I recover beyond wage continuation

You can claim medical and rehabilitation costs not covered by health insurance, travel expenses, household help, loss of earnings and career prospects, and a compensation for pain and suffering. Pain and suffering amounts in the Netherlands are modest compared to some other countries.

What if I am a temporary agency worker or hired through a contractor

Workers placed with another company are also protected. Liability can extend to the company that controls the work, not only your formal employer. The same applies to some persons who work under similar conditions to employees.

Can I be dismissed while I am on sick leave

Dismissal during the first 104 weeks of sickness is heavily restricted. There are exceptions, for example if there is a business closure or if you seriously refuse reintegration without valid reason. Legal advice is recommended if dismissal is threatened.

How long do I have to start my claim

The general limitation period is five years from the day you knew the damage and the liable person, with a long stop of 20 years. Notify the employer and insurer in writing as soon as possible and keep proof of your notification.

What if the accident was partly my fault

If you made a mistake, your damages can be reduced. However, employers must anticipate human error by organizing safe work. Only intent or deliberate recklessness can fully break employer liability, which is rare.

Additional Resources

Netherlands Labor Authority. For reporting serious work accidents and information on workplace safety enforcement.

Employee Insurance Agency. For Sickness Benefits, disability assessments under WIA, and expert opinions on work capacity.

Arboportaal. Government information portal on working conditions, prevention, and occupational health services.

Dutch Centre for Occupational Diseases. Information on recognizing and registering occupational diseases.

Legal Aid Council and Het Juridisch Loket. Information about eligibility for subsidized legal aid and free first line legal advice.

Trade unions such as FNV and CNV. Member services often include legal assistance for work injuries and employment disputes.

District Court of Overijssel. The subdistrict court handles employment disputes for residents of Ommen. Social security appeals also start at the district court.

Next Steps

Document everything. Write down what happened while it is fresh, keep a diary of symptoms and expenses, and collect medical reports and witness details. Ask your employer for a copy of the accident report.

Get medical and occupational health guidance. Follow treatment, attend company doctor appointments, and cooperate with reintegration plans. If you disagree, request a second or expert opinion promptly.

Notify insurers early. Ask your employer for the details of their liability insurer and any employer traffic liability insurance. Send a written notice of claim and keep copies.

Seek legal advice. A local employment and personal injury lawyer in the Overijssel region can assess liability, value your claim, protect deadlines, and negotiate with insurers. Ask about legal aid eligibility if your income is limited.

Review benefits and timelines. Ensure wage continuation is correct, explore Sickness Benefits if applicable, and prepare for a WIA application well before week 93. Appeal unfavorable decisions within the stated time limits.

Aim for safe return to work. Work with your employer on suitable duties. If return to your own employer is not possible, explore second track reintegration with professional support.

If settlement is offered, review it carefully. Check that all heads of loss and future risks are considered before signing. Independent legal review can prevent under compensation.

If negotiations fail, consider formal proceedings. Claims for damages and employment disputes can be brought before the subdistrict court in the District Court of Overijssel. A lawyer can advise on evidence, costs, and prospects.