When are you entitled to personal injury compensation?
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A traffic accident, occupational accident, a fall over a pavement tile or a dog bite, these are all events in which you can get injured. As a result of these injuries you will suffer complaints and limitations. As a result, if damage occurs, then there is injury.
What is Personal Injury?
Personal injury consists of 2 parts, material damage and compensation. Material damage concerns damage items that can be valued in money. This may include loss of income due to incapacity for work and medical costs. Travel costs and costs for care and nursing are also part of the personal injury compensation.
Grief Money
Grief money cannot be valued in money. It is compensation for pain, grief and psychological complaints suffered after the accident. But grief money is also a compensation for disfiguring scars, for example as a result of a dog bite (Dutch: hondenbeet).
Both material damage and compensation are part of your personal injury compensation.
The most common causes of personal injury are traffic accidents, a dog bite and personal injury due to an occupational accident (Dutch: letselschade bedrijfsongeval). These accidents are discussed below.
Traffic accident
Many accidents happen in traffic. This mainly concerns a bicycle accident or car accident. In the latter case, it is important to know that the car insurance of the liable party can be directly addressed by the injured party. This is advantageous for the injured party, because he does not have to find out who the driver of for example the car is.
In the event of a bicycle accident involving a car or scooter, the cyclist is always entitled to compensation under Dutch law. This is included in the law. Even if the cyclist makes a traffic error, he is entitled to compensation of at least 50%!
Occupational accident
Employer’s liability in the event of an occupational accident is regulated by law. It states that an employer must ensure that the workplace is safe and that tools must be properly maintained. This is referred to as the insurer’s duty of care. It is a heavy-duty of care and the employer is therefore in most cases liable for the personal injury of the personal injury victim.
Is there permanent injury or hospitalization? Then the employer must call in the so-called: SZW. They investigate the cause of the accident and, where appropriate, impose a fine on the employer.
Bitten by a dog
You can get annoying injuries from a dog bite. Common injuries are bite wounds, nerve damage and unsightly scars. Often there is a temporary injury, but in some cases the injury can also be chronic.
The owner of the dog is liable under article 6: 179 of the Dutch Civil Code for damage caused by the dog to others. This concerns the material damage items, but also the compensation money.
It is sometimes difficult to find out who owns the dog. Therefore, it is important that after a dog bite one tries to find witnesses of the dog’s attack. Is there a witness? Then ask for the name and contact details of this person. You can always ask for a testimony!