We are primarily active in Liability & Insurance and in particular in Personal Injury. You can come to us for anything that has to do with liability, injury or insurances. Furthermore, we offer mediation services.
Liability: Accidents at work / occupational diseases
Employees like to work in a safe environment. In principle, this is the responsibility of the employer. He must make sure the working area is safe, and that the machines and equipment are reliable. He must also take measures to protect his employees against toxic materials that could lead to so-called occupational diseases and make sure that clear instructions are given and correct work protocol is applied.
If the employer has failed to create a safe work environment or to give clear instructions, then he can be held liable if an accident at work occurs.
If the employer is indeed liable, then he cannot place responsibility for the accident with the employee. The employee will receive 100% compensation. The thought behind this is that one cannot expect the employees to exercise the type of prudence that is necessary for a careful carrying out of their work.
An employer cannot always be held liable. He is not expected to give an “absolute guarantee” against accidents.
See also Insurances: Liability insurance for companies.
- Objects that fall on an employee from a crane, due to the use of old and worn-out materials.
- If an employee slips and falls on ice outside, a risk of which the employer has been informed, but has failed to take measures against.
- Allowing unauthorised, or insufficiently instructed, personnel to use dangerous equipment, due to which an accident occurs.
- Allowing personnel to work with toxic materials, unprotected, causing a so-called occupational disease.
Maarten Tromp Advocaten Postbus 30131,
3001 DC Rotterdam
Tel. 010 - 205 66 10
Fax. 010 - 205 53 25
John van der Wouden, LLM
Maarten Tromp, LLM
Eva Spijkerman, LLM
All our services are rendered on the basis of an agreement with Maarten Tromp Advocaten BV.
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