Injury caused by a machine at work

Claiming damages for damage caused by a machine at work

When working with machinery, it's unfortunately possible to sustain injuries due to defective or hazardous materials or equipment. Examples include injuries caused by a broken machine with a sharp blade or a malfunctioning forklift. Of course, it's also possible to sustain injuries due to a machine that isn't defective.

If you have been injured by a machine at work, we recommend that you immediately consult your doctor or another healthcare provider. You will then receive the necessary medical attention, and they will compile a medical record demonstrating that the injury was caused by the workplace accident.

Our lawyers offer legal support in claiming compensation, so you can focus on your recovery.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

Schade verhalen bij letsel door een machine

In the event of injury caused by machinery at work, your employer is generally liable for the damage you suffer as a result of the accident while performing your duties. The employer must take the measures reasonably necessary to prevent the employee from suffering damage while performing their duties. What can reasonably be expected of the employer depends on the circumstances of the case.

Your employer has a legal duty of care to ensure safety at work to the extent reasonably expected. They are therefore obligated to take all necessary measures to prevent workplace accidents. This includes providing proper instructions, supervising, and providing the necessary protective equipment. If the employer fails to do so, they are generally liable for any damage caused.

Injuries caused by dangerous machinery

In the case of a dangerous machine, warning of operating hazards through verbal or written instructions and the use of warning stickers is not always sufficient. It should be taken into account that, based on experience, daily use of the machine can lead to users no longer exercising all the necessary caution to prevent an occupational accident, even if the hazard is indicated by instructions and warnings.

The employer must therefore be expected to investigate whether sufficient preventive measures are possible or whether safer operation of the machine is possible. If this is not the case, it is important to have been warned of the danger in a sufficiently effective manner. In this context, the degree of probability of failure to observe the required attention and caution, the likelihood of accidents occurring as a result, the severity of the consequences, and the degree of difficulty of the safety measures to be taken are important.

Employer's duty of care to prevent injury from a machine

It is also important to note that if – when the hazard cannot be eliminated – it is only possible to warn of the hazard, it is generally not sufficient for the machine user to be aware of the hazard. The decisive factor in determining whether a warning can be considered a sufficient measure to protect against a particular hazard is whether it can be expected that this warning will lead to an action or omission that will avoid the hazard.

If it turns out that more effective measures to prevent an accident like the one that occurred were possible, it must be investigated why the employer could not have been expected to implement this measure at the time. In addition to the factors mentioned above, it is also important to determine to what extent implementing such a safety measure before an accident occurred was obvious to the employer or the experts available within their company.

Breach of duty of care in case of injury caused by a machine

When determining whether the employer acted as could reasonably be expected of them, it may be relevant whether the employer should reasonably have foreseen the specific actions that led to the accident, taking into account the aforementioned empirical evidence. This is not decisive, because inattention while operating dangerous machinery can often lead to an accident in various ways, and liability of the employer does not require that they have (or could have) foreseen the specific actions that led to the accident.



In the event of workplace accidents, your employer is often well-insured through liability insurance. This insurance covers employee injuries sustained in workplace accidents on your employer's behalf.

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The role of Hardt Advocaten in your recovery process

Our legal support

At Hardt Advocaten, we understand the impact a machine injury can have on your life. Our team of experienced personal injury lawyers is ready to help you navigate the legal process and obtain the compensation you deserve.

Our legal support includes gathering evidence, drafting legal documents, and representing your interests in negotiations with your employer's insurer. We begin with a thorough evaluation of your case to determine the best approach to substantiate and obtain your compensation.

We can also provide advances on compensation, allowing you to focus on your recovery. Our commitment and expertise ensure that your rights are protected and that you receive the optimal compensation that best suits your situation. By working with Hardt Advocaten, you can be confident that we are fully committed to your case.

Preparing your damage claim

Preparing a claim for damages after a machine injury requires careful consideration. First and foremost, it's important to report the accident to your employer immediately and ensure that an official accident report is filed. Then, gather as much evidence as possible, such as photographs of the accident scene, witness statements, and medical reports. These documents are essential to demonstrate that the accident occurred at work and that your employer was potentially negligent.

Our team will help you gather and organize this evidence to build a strong case. We'll ensure all relevant information is included and your claim is well-substantiated. We'll also advise you on the best strategy for filing your claim and support you every step of the way to ensure you receive the compensation you're entitled to. With our help, you can approach the process with confidence.

What to expect during the process

The process of filing a claim for a machine-related injury can vary in complexity and duration, depending on the specific circumstances of your case. After you file your claim, your employer or their insurer will investigate it. This may require you to provide additional documentation or undergo medical tests to confirm the extent of your injury.

During this time, our experts are ready to advise you, ensuring you're well-prepared for every step. We ensure all legal procedures are followed correctly and keep you updated on the progress of your case. In some cases, it may be necessary to negotiate a settlement, and our lawyers will do everything they can to obtain fair compensation for you.

If a settlement isn't possible, we can take your case to court to ensure your interests are protected. We understand this can be a stressful time for you, and we're here to support you throughout the process.

Compensation

Your compensation for injuries caused by a machine at work can include various damages, including compensation for (medical) expenses and lost income, as well as compensation for pain and suffering (non-pecuniary damages). These include:

• Compensation for lost income;
• Reimbursement for travel expenses;
• Reimbursement for medical expenses;
• Compensation for necessary household assistance as a result of the accident;
• Compensation for the inability to carry out maintenance;
• Compensation for pain, sorrow or diminished enjoyment of life.

This list is not exhaustive. Any costs that would not have been incurred without the accident are eligible for reimbursement.

We therefore advise you to record all your expenses after the accident and keep the corresponding invoices and receipts. We can use these documents to help you assess the damage, provide evidence, and submit a claim to the other party.

Frequently asked questions about personal injury due to a workplace accident

What are the costs of legal assistance for personal injury caused by a machine at work?

Many personal injury victims worry about the cost of legal assistance. At Hardt Advocaten, we work completely free of charge for our clients. We believe that all personal injury victims deserve the best legal assistance, without extra fees or fine print.

If you've suffered personal injury, you've already got a lot to deal with. We're here to support you free of charge, as we recover our costs from the other party. This means you don't have to bear any costs. Contact us for a free, no-obligation consultation to discuss your options. We'll explain how we can help you with your personal injury case. We'll help you move forward!

How do I determine the value of my claim for damages for injury caused by a machine at work?

Determining the amount of a claim can be complex and depends on several factors. Medical expenses, lost income, and other direct expenses form the basis of your claim. Factors such as pain and suffering, reduced quality of life, and the impact on your daily life may also be taken into account.

We will calculate the amount of your claim based on both your past and future damages. It's important to gather all relevant documentation, including medical reports and proof of lost earnings.

Our lawyers at Hardt Advocaten have the experience and knowledge to accurately estimate your compensation. We'll collaborate with medical professionals and other experts to ensure all aspects of your injury are considered. This gives you the confidence that your claim will be fully assessed.

What happens if my employer disputes liability?

Your employer may dispute liability for the accident. In that case, a thorough investigation will be necessary to prove the employer was negligent in ensuring a safe work environment. This may involve gathering additional evidence, such as witness statements, safety reports, and medical advice.

The personal injury lawyers at Hardt Advocaten will support you in gathering this evidence and will negotiate on your behalf with your employer's insurer. If necessary, we can also take your case to court to ensure your rights are protected and you receive the compensation you deserve. Our team is ready to guide you and ensure you get the best possible outcome.

Can I file a claim if I am partly at fault for the accident?

Yes, you can still file a claim for damages, even if you were partly at fault for the accident. In the Netherlands, liability is then allocated according to the principle of joint liability. This means that if you are deemed partly responsible for the accident, your compensation may be reduced accordingly.

It's important to be honest and open about the circumstances of the accident and to provide all relevant information and evidence. The lawyers at Hardt Advocaten can help you determine the extent of liability and ensure you receive fair compensation, even if you are partially liable. We will thoroughly investigate your case and ensure that all factors are considered when determining your compensation.

How long do I have to file a damage claim?

In the Netherlands, there's a statute of limitations for filing a personal injury claim. Generally, you have five years from the moment you became aware, or should have become aware, of the damage and the liable party. However, it's advisable to file your claim as soon as possible. Gathering evidence and building a strong case can take time.

By seeking legal assistance early, you can ensure your rights are protected and that you have sufficient time to file a thorough and well-substantiated claim for damages. The lawyers at Hardt Advocaten can advise you on the specific deadlines applicable to your situation. We will guide you through every step of the process to ensure your claim is filed correctly and on time.

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Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

Legal help with your recovery

Types of injuries caused by a machine at work

Hardt Advocaten offers specialized assistance in a wide range of situations, from traffic accidents to workplace accidents. Our goal is to provide each client with tailored legal support, tailored to the specific circumstances of the accident. Recognizing the diverse challenges that personal injury cases present is the first step toward a targeted approach.

Injuries caused by machinery at work can include physical damage, such as physical complaints or injuries, but can also manifest psychologically, for example, through changes in your mental state. Examples of common injuries include:

• Neck injury
• Whiplash
• Head injury
• Spinal cord injury
• Knee complaints
• Bone fractures
• Scars
• Mental complaints

For optimal recovery from injuries sustained after being injured by a machine at work, it's crucial to initiate appropriate medical treatment promptly. This also helps prevent further or permanent damage as much as possible. Medical treatments for injuries may include physiotherapy, rehabilitation programs, occupational therapy, and/or psychotherapy. We'll work with you to determine what you need to recover from your injury.

Your injury may also cause you to lose income or incur additional (medical) expenses. If you're injured by a machine at work, the law also protects you. If you sustain damage while working, the liable party must compensate you. Our personal injury lawyers will assess your damages and claim the compensation you're entitled to on your behalf!

Tips for a successful damage claim

Filing a successful personal injury claim can be complex, but with the right approach, you can increase your chances of success. Here are some tips to keep in mind:

• Report the accident immediately: Make sure you report the accident to your employer as soon as possible and that an official accident report is drawn up.
• Collect evidence: Take photos of the accident scene, collect witness statements, and keep all medical reports and receipts.
• Seek legal support: Our personal injury lawyers are ready to assist you immediately and will support your claim for damages to obtain the compensation you are entitled to.
• Focus on your recovery: We take care of the legal work, so you can focus on your recovery. Throughout the personal injury process, we'll keep you informed of all developments and advise you on making the right choices.
• Document Everything: Keep a detailed log of all events, medical treatments, and expenses related to your injury.

The personal injury lawyers at Hardt Advocaten are ready to assist you every step of the way, from gathering evidence to filing your claim and negotiating a settlement. We also work to improve your social well-being by helping you determine your needs for optimal recovery. By leveraging our expertise and support, you can obtain the compensation you need to get your life back on track.

Your options for a personal injury claim

Once it's established that you've suffered damages, Hardt Advocaten will request an advance payment of your compensation from the opposing party. This means you don't have to wait for the case to be settled before receiving compensation.

When filing a claim for compensation for injuries caused by machinery at your workplace, it's important that your relationship with your employer doesn't deteriorate. This is especially important if you still need to work together after the accident. We take this into account as well. Hardt Advocaten has extensive experience in recovering damages for injuries caused by machinery.

Would you like to know more, or have you been involved in an accident where you were injured by a machine? Contact us for a free, no-obligation consultation to discuss your options. You can reach us by phone at 030 269 0063 or through our contact form. Hardt Advocaten will help you move forward!

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I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.