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Occupational accident/disease proceedings

Dit is een afdruk van een pagina op Rechtspraak.nl. Kijk voor de meest actuele informatie op Rechtspraak.nl (http://www.rechtspraak.nl). Deze pagina is geprint op 01-01-1970.

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Have you been injured while working (occupational accident)? Or have you become ill as a result of your work (occupational disease)? If you consider that your employer is responsible for this, you can request compensation. Are you unable to agree on this with your employer or their insurer? In that case, you can initiate civil court proceedings.

Occupational accident/disease proceedings

Is your employer or their insurer denying liability? Or are you unable to agree on the extent of the damages caused by the occupational accident or disease? Or on the amount of compensation? If you cannot reach a solution together, you can settle the matter through court proceedings.

You have a dispute with the insurer

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.

You have a dispute with your employer

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.


Partial dispute procedure

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.

 

Urgent proceedings

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.

 

Extended proceedings

In extended proceedings (proceedings on the merits), you ask the district court for a final judgment on liability and the amount of any compensation.

Costs

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.

 

 

Legal advice

Would you like personal advice on your situation? Do you need assistance with drafting documents or during the hearing? A lawyer is required only in civil court proceedings. In district court proceedings, you can hire a lawyer or other legal advisor, but this is not mandatory.

 


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