Injuries

An average of 280,000 people suffer injuries every year resulting from workplace accidents. Injuries from sharp objects, movement, crushing, slipping, or falling are everyday occurrences.

Since April, 2009, employers are obligated to have insurance that covers the damages suffered by their employees in traffic accidents during working hours. This doesn't just apply when the employee is driving a car but also when he or she is riding a bicycle or walking.

It is also the employer's obligation to fit out facilities so that accidents do not occur. The employer is responsible more often than people usually think. This includes when the person is seriously injured without anyone being responsible. For this reason, investigating both parties is always advisable. Events resulting in damages may occur in any environment. Traffic accidents are not the only kind where the employer can be held responsible. There are also medical mistakes or workplace accidents such as those mentioned above (material and personal damages).

An employer can suffer damages due to wage expenses when an employee is (temporarily) incapacitated due to injuries. The law stipulates that, in all cases, the employee continues to receive a minimum of 70% of his or her salary from the employer for two years. You may have obtained coverage for loss of salary and have health insurance for your employees. Nonetheless, there are many ways in which your insurance premium may substantially increase the following year. That is why you can decide to claim those losses from the responsible party. According to current jurisprudence, the employer can claim the total sum of the net salary during the period of illness from the responsible party. It is also useful to know that if you demand salary payment from a third party, you can also claim compensation for the increase in the price of the premium.

As the employer, in order to bring a claim for salary in the event that a third party is responsible, you will have to demonstrate that you have continued paying that salary, that the employee is actually incapacitated, that you have an employment contract, and that your employee has suffered damages which the other party is responsible for. You will immediately enter into discussions with the insurer of the party that caused the damages concerning responsibility, medical proof of incapacity for work, estimation of damages, and every kind of legal obstacle.

Gimbrère International Advocaten can offer the help that you need as an employer and can demand an indemnification -a procedure whose legal and medical obstacles we manage. We will be glad to take care of your task so that you can concentrate on the main activities of your company.

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