Partial disputes for occupational accidents and diseases

Are you and your employer unable to agree on a point of discussion (partial dispute)? You can initiate district court proceedings. The court’s decision can help you move forward. Consulting a lawyer is not mandatory, but it is allowed.

Content

  • General
  • Proceedings
  • Partial disputes procedure for accidents at work and occupational illness

Deze informatie is ook beschikbaar in het Nederlands

Proceedings can be initiated by way of an application

You can initiate partial dispute proceedings before the sub-district court if you are:

  • the employee that has been harmed as a result of an accident at work or an occupational illness (or his/her surviving relatives)
  • the employer who is being held liable

Step 1 explains how to submit an application to initiate partial dispute proceedings.

You receive an application

Are you involved in a case relating to harm caused by an accident at work or occupational illness? And has the other party submitted an application for partial dispute proceedings? If so, you will receive a letter from the sub-district court with a copy of the application. You can submit your position to the court. Your response to the application may influence the court’s decision in the partial dispute. Step 3 below explains how you can respond.

Overview of proceedings relating to accidents at work and occupational illness

Costs relating to the partial dispute

There are costs associated with these proceedings. As a claimant, you will pay the costs of the bailiff. You will also pay the costs incurred by the court in handling your case: the court fees. You will also pay for a lawyer or mediator should you engage their services.

Turnaround time for the partial dispute

In partial dispute proceedings, the sub-district court aims for a fast-track resolution within 3 months. Extended proceedings (proceedings on the merits of the case) last at least 3 months. Urgent proceedings (interim relief) last at least 4 weeks.

Legal advice

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.

Contact

Do you have a question? Please visit the contact page

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