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If you and your employer cannot agree on compensation for a workplace accident (occupational accident) or illness (occupational disease), you can take the case to court.
Are you negotiating your compensation with your employer's insurer? If you have a dispute with an insurer, you can bring proceedings before the district or civil courts. The type of court you apply to is determined by the amount of compensation claimed. Read more on the page about personal injury proceedings - in Dutch.
Are you unable to negotiate the amount of compensation with your employer? Employment dispute proceedings start in the district court. You can use a lawyer or authorised representative - in Dutch, but this is not compulsory for proceedings at the district court. You can represent yourself without using a lawyer.
Is there a sticking point on which you and the other party disagree during the negotiations? For example, about liability or the calculation of damages? In this case, you can ask the district court to decide on this. Afterwards, you will then be able to proceed with negotiations.
Have you run into financial problems while negotiating? Then you can initiate urgent proceedings (interim proceedings), where you ask the district court for a quick, provisional decision. The court then assesses whether the employer is liable for the damages. If so, the court may rule, for example, that the employer must make a part-payment (an advance payment) towards the compensation.
In extended proceedings (proceedings on the merits), you ask the district court for a final judgment on liability and the amount of any compensation.
You pay a fee for the court to hear your case, referred to as court fees. There may be additional costs associated with a court case, such as lawyer’s fees.
Would you like personal advice on your situation? Do you need assistance with drafting documents or during the hearing? You have the option at all times to engage the services of a lawyer or other legal advisor.
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