Mental health issues due to your work

Claiming compensation for personal injury due to psychological complaints caused by your work

Emotional harm caused by the employer refers to psychological problems an employee experiences as a result of working conditions. Examples include burnout, depression, and anxiety disorders caused by excessive workload, bullying, or a toxic work environment.

This can have significant consequences for the employee. Psychological damage can lead to long-term absenteeism, a loss of quality of life, and serious health problems. Employees may struggle with daily tasks, and their social relationships can suffer under the strain of their mental health issues.

The personal injury lawyers at Hardt Advocaten offer expert legal support in claiming compensation for mental health issues related to work. We assess your damages and explore your options for claiming compensation.

Under Dutch law, employees have the right to a safe working environment. If an employer fails to do so and this leads to emotional distress, the employee can claim compensation. Legal recognition of mental health issues related to work means that employers can be held liable for their employees' mental health issues.

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.

What does the duty of care of employers entail?

Duty of care refers to the legal obligation of employers to create a safe and healthy work environment. This includes preventing both physical and psychological harm. Employers must take adequate measures, such as providing clear instructions, supervising, and providing the necessary protective equipment, to prevent employees from sustaining harm during their work. By complying with this duty of care, employers can significantly reduce the risk of emotional and psychological harm.

Examples of breach of duty of care

An employer breaches its duty of care when it neglects to protect its employees from harm. Examples include failing to address structural overload, providing insufficient support for complex tasks, and ignoring signs of stress and burnout in employees. Other situations may include failing to intervene in workplace bullying or forcing employees to perform tasks for which they are not qualified. These neglects can lead to serious psychological problems such as anxiety disorders, depression, and burnout.

Role of the employer in prevention

It is the employer's responsibility to take proactive measures to prevent mental health issues. This can be achieved, for example, by creating a supportive work culture, offering training and guidance, and implementing stress management programs. Regular workload assessments and providing resources such as counseling can help identify and address problems early on. Good communication between employer and employee is essential to ensure a safe and healthy work environment that prevents mental health issues.

Employer requirements and duty of care

To claim compensation for mental health issues related to your work, several requirements must be met. It must be demonstrated that the employer breached its duty of care, and there must be a clear, direct link between the work and your mental health issues.

The duty of care means that the employer is legally obligated to take all necessary measures to prevent you, as an employee, from suffering harm while performing your duties. This includes providing correct instructions, supervising, and providing the necessary protective equipment.

But even if an employee takes on a colleague's duties in addition to their own, has to perform a role for which they are not qualified, or if their workload has steadily increased over the years without receiving additional support, this can lead to (mental) harm. Employers must prevent this. Are you experiencing excessive workload or emerging mental health issues? Always report it to your employer. After all, your employer is required to be aware of your mental health issues.

Who proves?

If you claim you suffered psychological damage while performing your duties, you will have to prove it. The issue is the factual connection between work and injury. You will have to demonstrate, through facts and circumstances related to your work situation, that your complaints arose from your work and not from a cause outside of your work. The court imposes strict requirements on this proof. We can help you assess your damages and gather evidence.

Collecting evidence

When claiming compensation for mental health issues at work, it's crucial to gather sufficient evidence. Start by documenting all relevant details, such as the dates and nature of incidents, communications with your employer, and any internal reports. Also, keep a diary of your symptoms and how they affect your daily life. Gathering this evidence can help establish a clear link between your work and the mental health issues you've suffered.

Medical reports and witness statements

Medical reports are essential for proving mental health issues related to your work. Visit a doctor or psychologist and ask for a detailed report of your diagnosis and treatments. These documents can confirm that your symptoms are work-related. In addition, testimonies from colleagues, friends, or family familiar with your situation can provide valuable support. They can attest to changes in your behavior and health since the incidents at work.

Role of personal injury lawyers

Engaging personal injury lawyers can make a significant difference in proving mental health issues related to your work. The personal injury lawyers at Hardt Advocaten can help you gather and present evidence and navigate the complex legal process. We have the knowledge and experience to build strong arguments and demonstrate your employer's breach of duty of care. Hardt Advocaten offers legal support to maximize your chances of a successful claim.

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Steps to claim compensation

Preparing your claim

Preparing a claim for mental health issues from your employer starts with thorough documentation of your situation. Gather all relevant medical reports, witness statements, and documentation of work-related incidents. Our personal injury lawyers will support you with this, and where necessary, we will engage medical advisors to assess your situation. It's also important to keep all communications with your employer, including emails and internal reports. This preparation helps build a strong foundation for your claim and demonstrate a direct link between your mental health issues and your work environment.

Process of claiming compensation for mental health issues caused by your work

The compensation claim process usually begins with filing a formal complaint with your employer or their insurance company. Our personal injury lawyers will file this claim on your behalf with the liable party. This can be followed by a negotiation phase in which both parties attempt to reach a fair settlement. If a settlement is not possible, the case can be brought before a judge. Hardt Advocaten has its own Hardt lawyers to represent you in court. We use our expertise and years of experience to ensure that your rights are protected and that you receive the best possible outcome.

Negotiating with the employer or insurer

Negotiations with your employer or their insurance company can be complex and challenging. The personal injury lawyers at Hardt Advocaten understand the importance of ensuring your relationship with your employer doesn't deteriorate, especially when you're still working together after the accident. We take this into account as well. Throughout the process, we'll keep you informed of all developments and advise you on your options, empowering you to make the right choices. This allows you to focus on your recovery.

It's crucial to communicate clearly and in detail during this phase about the extent of your psychological damage and its impact on your life. Our personal injury lawyers will help you obtain fair compensation. Hardt Advocaten has extensive experience in claiming compensation for workplace accidents, and our personal injury lawyers are happy to use their expertise to support you in your claim.

Common mistakes when claiming psychological damage

Collecting insufficient evidence

One of the biggest mistakes when claiming compensation for mental health injuries is gathering insufficient evidence. To make your claim successful, you must be able to convincingly demonstrate that your mental health issues are directly related to your work. This means gathering detailed medical reports, witness statements, and documentation of work-related incidents. Without this evidence, it can be difficult to prove your employer's breach of duty of care, potentially resulting in your claim being rejected.

Our legal support ensures you're not alone. We'll help you gather and submit the evidence so you get the compensation you deserve.

Delayed claims

Another common mistake is reporting your mental health issues to your employer too late. It's essential to report your symptoms early so immediate action can be taken to prevent further damage. By reporting them promptly, you build a case file and can use these reports to support your claim. This increases the chance of optimal compensation.

Handle the damage claim yourself

Trying to handle your claim without legal assistance can be a risky undertaking. The legal aspects of a claim for psychological injuries are complex and require specialized knowledge. For example, you might overlook certain damages, or insufficient legal support for your claim could lead to an underpayment or even rejection. Our personal injury lawyers will assist you with filing your claim and ensure that your interests are optimally represented.

The importance of immediate action

Prompt and appropriate action in the event of psychological harm caused by your employer is crucial. The longer you wait, the harder it can become to establish a direct link between your work and your psychological symptoms. Moreover, a delayed response can worsen your symptoms, which can harm not only your health but also your legal case. By taking action quickly, you increase your chances of a successful claim and receive the necessary support to begin your recovery.

What you can do now

There are several steps you can take immediately to improve your situation, simplify the personal injury claim process, and increase your chances of a successful claim. Start by documenting all relevant events and complaints. This includes keeping a diary of your symptoms, collecting medical reports, and recording your communication with your employer. It's also important to formally notify your employer of your complaints. This can help build a strong case for your claim.

Contact the personal injury lawyers at Hardt Advocaten

The Hardt Advocaten team is ready to assist you. You can easily contact us by phone at 030 269 0063 or by filling out our contact form on our website. We will contact you immediately to schedule an intake interview to discuss your options. Take the first step toward obtaining the compensation you deserve today and contact our personal injury lawyers.

The role of Hardt Advocaten in your recovery process

Our legal support

At Hardt Advocaten, we understand the impact that mental health issues related to your work 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.

What to expect during the process

The process of filing a claim 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 injuries.

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.

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Frequently asked questions about personal injury due to a workplace accident

What are the costs of legal assistance for personal injury?

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 personal injury claim?

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.

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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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.