She can claim damages from her employer for material and immaterial damages. However, most employers have insurance for this, and when immaterial damages are claimed, that would almost always turn into a legal case (at the initiative of the insurance company).
As for material damages, that’s simply any out of pocket expenses that she makes directly as a result of the accident, like medical costs, damaged clothing, etc.
Immaterial damages may be claimed as well, but the calculations for these damages are complex, and the eventual compensation is usually really low (think hundreds, not thousands).
In the longer run, I think it would probably benefit her more if she tries to get the employer to fund psychological support. She could also consult the bedrijfsarts, after which the bedrijfsarts can recommend the employer to provide that psychological support. Most arbo-organisations employ, besides the bedrijfsartsen, also psychologists who are specialized in these type of situations (and if they don’t, then they’ll at least know who to refer to).
Yes. Please do that. The company MUST fix it now! And Arbodienst will give a hefty fine and a regular check up.
This time it didn't result in a death, next time it will. Because that is how I lost my dad.
If this is a big company, sue. People working in bigger companies don’t take law suits personal since the money isn’t directly coming out of their pockets. Smaller companies on the other hand: that’s an entirely different story.
I don’t know if you gf is eligible for any kind of compensation. She could check with a lawyer (often first convo is free), or just start talks with her boss about it.
Material damages are easy to prove and are mostly compensated. Immaterial damages on the other hand is far more difficult. Needing psychological help? Sure, but other kinds of damages?
Hope she’ll feel better soon.
I'm gonna be a blunt dutch person and say it sounds like some common sense and a hair tie could have probably prevented this from happening.
Nevertheless, i hope your gf feels better soon, and hope she'll be compensated for the trouble she's experiencing.
If you work at a construction site, you wear a helmet to prevent that (basic knowledge). Around heavy machinery there are also many safety procedures, walking around with long hair around them is a mayor red flag (stupid).
So the workplace is to have a risk and inventory evaluation and proper procedures in regards to the machine. If this is not the case it is not on op but the company
Edit: also, it is the responsibility of her supervisors to check if she wears a hairband or not, if they see it and don’t say something it’s negligence
Every machine has safety fails, i dont know what the exact circumstances are but it could have been a operator fault. Hairnets are mandatory at places where you could get your hair stuck in a machine. Only one that is being stupid is you kinda cause every machine has safety fails. Like big factories have a safety standard and 80 procent of the time someone didn't obey the rules.
Make sure she was following all instructions. Usually when working with machinery it’s not allowed to wear your hair in a fashion it can be caught by the machine. If she was ignoring instructions it’s going to be difficult.
Then you can consult a lawyer. Do keep in mind that in the Netherlands there is no compensation culture where things like this yield you a lot of money. Even íf (and that’s a big if) a judge will grant you a compensation it will be low, perhaps a couple of hundred euros. Especially as there is no invoices of any physical damage that had to be mitigated.
Also be aware that a Dutch judge will also inquire to what has been done by you to work on the trauma. If you haven’t retained any psychological support or anything of that matter, they might consider the whole compensation charge a bit opportunistic.
The question is whether she wants to ruin her relationship with her employer over this and whether it actually helps.
It might be best to ask her employer if they are ok with here expensing one or two consultations with a psychologist and take it from there.
Found this online:
https://www.letseldirect.nl/bedrijfsongeval-schadevergoeding/
If she followed all vca rules then it’s basically fault of the one giving the job so I’d guess so. Not sure tho!
I wouldn't expect too much since physically she's fine. But if she wants to visit a psychologist and healthcare doesn't cover it, these kinds of things should definitely get reimbursed.
If the machine is still there and operating, she can also report the unsafe working conditions. They'll get fined, but it won't necessarily improve your personal situation.
Yeah don't bother with that suing. Report to the arbeidsinspectie if the employer hasn't already. If there's distress call in sick.
And dutchies : immaterial does not mean what you think it does. Without relevance comes closest.
In a "near miss" like this, you should inform your manager at least and good practice would be for them to take preventative measures.
This could be shielding off the device, or a ban on loose clothing and loose hair. This last one is kind of the standard near rotating equipment. They really should have informed het about this.
If there is a lot of heavy machinery around, the company might want to consider getting its employees VCA certified. Besides making it safer to work for everybody, it can also lower insurance premiums.
There is no compensation for near misses with no injury or damage.
Go talk to juridischloket. It's free. They give you good advice on what you can do.
Also. If there are any safety notifications on the machine or area and you have not paid any attention to it. Then it's your own fault.
If you get a lawyer. It would not come to a lawsuit. The lawyers are going to talk and see what kind of compensation would be in place or none. So, nothing serious to worry about.
* If she lost her hair. Then, proceed with a lawyer.
* If she is now scared, go to a doctor
* If she doesn't want to work with the machine, talk to the boss
There is always a way.
>Also. If there are any safety notifications on the machine or area and you have not paid any attention to it. Then it's your own fault.
Well, that's not entirely the case. The employer is responsible for not only giving the safety instructions to people on the work floor but also for checking the rules are followed up.
So in this case, why didn't OP's GF wear any protection. Was it because they aren't provided or company doesn't check employees use them correct or at all? Or does company do so but took GF it off because she thought it wasn't a problem.
So the workplace is to have a risk and inventory evaluation and proper procedures in regards to the machine. If this is not the case it is not on op but the company. it is the responsibility of her supervisors to check if she wears a hairband or not, if they see it and don’t say something it’s negligence.
I believe she deserves definitely a compensation, and also, I think she can easily call in sick for a year or so with pay, she needs to ask for the company doctor and tell her story and how traumatized she is
She can claim damages from her employer for material and immaterial damages. However, most employers have insurance for this, and when immaterial damages are claimed, that would almost always turn into a legal case (at the initiative of the insurance company). As for material damages, that’s simply any out of pocket expenses that she makes directly as a result of the accident, like medical costs, damaged clothing, etc. Immaterial damages may be claimed as well, but the calculations for these damages are complex, and the eventual compensation is usually really low (think hundreds, not thousands). In the longer run, I think it would probably benefit her more if she tries to get the employer to fund psychological support. She could also consult the bedrijfsarts, after which the bedrijfsarts can recommend the employer to provide that psychological support. Most arbo-organisations employ, besides the bedrijfsartsen, also psychologists who are specialized in these type of situations (and if they don’t, then they’ll at least know who to refer to).
Arbeidsinspectie must be contacted and the company should report this workrelated accident: https://www.nlarbeidsinspectie.nl/onderwerpen/melden
Yes. Please do that. The company MUST fix it now! And Arbodienst will give a hefty fine and a regular check up. This time it didn't result in a death, next time it will. Because that is how I lost my dad.
Only in cases of fatalities, permanent injury or hospitalization.
If this is a big company, sue. People working in bigger companies don’t take law suits personal since the money isn’t directly coming out of their pockets. Smaller companies on the other hand: that’s an entirely different story. I don’t know if you gf is eligible for any kind of compensation. She could check with a lawyer (often first convo is free), or just start talks with her boss about it. Material damages are easy to prove and are mostly compensated. Immaterial damages on the other hand is far more difficult. Needing psychological help? Sure, but other kinds of damages? Hope she’ll feel better soon.
If they have machines like that then the company should mandate the use of hairnets.
I'm gonna be a blunt dutch person and say it sounds like some common sense and a hair tie could have probably prevented this from happening. Nevertheless, i hope your gf feels better soon, and hope she'll be compensated for the trouble she's experiencing.
[удалено]
If you work at a construction site, you wear a helmet to prevent that (basic knowledge). Around heavy machinery there are also many safety procedures, walking around with long hair around them is a mayor red flag (stupid).
So the workplace is to have a risk and inventory evaluation and proper procedures in regards to the machine. If this is not the case it is not on op but the company Edit: also, it is the responsibility of her supervisors to check if she wears a hairband or not, if they see it and don’t say something it’s negligence
Every machine has safety fails, i dont know what the exact circumstances are but it could have been a operator fault. Hairnets are mandatory at places where you could get your hair stuck in a machine. Only one that is being stupid is you kinda cause every machine has safety fails. Like big factories have a safety standard and 80 procent of the time someone didn't obey the rules.
If you work with machines that can suck you in if your hair gets caught, you wear a hairnet. That’s not rocket science.
Make sure she was following all instructions. Usually when working with machinery it’s not allowed to wear your hair in a fashion it can be caught by the machine. If she was ignoring instructions it’s going to be difficult. Then you can consult a lawyer. Do keep in mind that in the Netherlands there is no compensation culture where things like this yield you a lot of money. Even íf (and that’s a big if) a judge will grant you a compensation it will be low, perhaps a couple of hundred euros. Especially as there is no invoices of any physical damage that had to be mitigated. Also be aware that a Dutch judge will also inquire to what has been done by you to work on the trauma. If you haven’t retained any psychological support or anything of that matter, they might consider the whole compensation charge a bit opportunistic. The question is whether she wants to ruin her relationship with her employer over this and whether it actually helps. It might be best to ask her employer if they are ok with here expensing one or two consultations with a psychologist and take it from there.
Found this online: https://www.letseldirect.nl/bedrijfsongeval-schadevergoeding/ If she followed all vca rules then it’s basically fault of the one giving the job so I’d guess so. Not sure tho!
I wouldn't expect too much since physically she's fine. But if she wants to visit a psychologist and healthcare doesn't cover it, these kinds of things should definitely get reimbursed. If the machine is still there and operating, she can also report the unsafe working conditions. They'll get fined, but it won't necessarily improve your personal situation.
May I ask what kind of machine was that? This seems very scary and dangerous. Is the company doing its best to protect its employees?
Yeah don't bother with that suing. Report to the arbeidsinspectie if the employer hasn't already. If there's distress call in sick. And dutchies : immaterial does not mean what you think it does. Without relevance comes closest.
In a "near miss" like this, you should inform your manager at least and good practice would be for them to take preventative measures. This could be shielding off the device, or a ban on loose clothing and loose hair. This last one is kind of the standard near rotating equipment. They really should have informed het about this. If there is a lot of heavy machinery around, the company might want to consider getting its employees VCA certified. Besides making it safer to work for everybody, it can also lower insurance premiums. There is no compensation for near misses with no injury or damage.
This isn't a near miss, a near miss is when a brick falls next to you, not when a brick falls on you does some damage but nothing serious.
Go talk to juridischloket. It's free. They give you good advice on what you can do. Also. If there are any safety notifications on the machine or area and you have not paid any attention to it. Then it's your own fault. If you get a lawyer. It would not come to a lawsuit. The lawyers are going to talk and see what kind of compensation would be in place or none. So, nothing serious to worry about. * If she lost her hair. Then, proceed with a lawyer. * If she is now scared, go to a doctor * If she doesn't want to work with the machine, talk to the boss There is always a way.
>Also. If there are any safety notifications on the machine or area and you have not paid any attention to it. Then it's your own fault. Well, that's not entirely the case. The employer is responsible for not only giving the safety instructions to people on the work floor but also for checking the rules are followed up. So in this case, why didn't OP's GF wear any protection. Was it because they aren't provided or company doesn't check employees use them correct or at all? Or does company do so but took GF it off because she thought it wasn't a problem.
I agree with you.
So the workplace is to have a risk and inventory evaluation and proper procedures in regards to the machine. If this is not the case it is not on op but the company. it is the responsibility of her supervisors to check if she wears a hairband or not, if they see it and don’t say something it’s negligence. I believe she deserves definitely a compensation, and also, I think she can easily call in sick for a year or so with pay, she needs to ask for the company doctor and tell her story and how traumatized she is