Work accident
Work accident
In Belgium, about 15,000 work (road) accidents are recorded each month. For both employers and employees, workplace accidents can have far-reaching consequences.
Read more below about how we assist both employers and employees in workplace accidents. Employers risk severe penalties in a serious workplace accident, even with insurance, if safety measures fail. Employees risk inadequate recognition or compensation for their injuries by the insurance company. Our experts are ready to assist you legally, from the initial incident to any legal proceedings.
As an employer, you are required to have insurance against work (road) accidents. Despite this insurance, you can still be held liable both criminally and civilly if there is a "serious accident at work.
Have you complied with workplace safety regulations? Did you provide adequate protective equipment? Did your employees receive the necessary training?
The consequences of a criminal conviction can be very severe: fines, damages and even jail time.
We accompany you from the workplace accident, through the police interview, the compilation of the mandatory circumstantial report, discussions with the social inspection authorities and any legal proceedings.
As an employee, are you the victim of a work (road) accident and the work accident insurer refuses to accept the work accident? Does the insurer dispute that the accident occurred on the way to or from work?
If the work accident insurer accepts your work accident, it will come down to the proper medical consequences associated with the accident. It is common for the insurer to declare a victim cured without permanent disability or to minimize temporary or permanent disability.
It is critical that a proper assessment be made of the physical injuries so that you are correctly compensated for your disability and the medical expenses associated with it.
Our team consists of experts in labor, liability and criminal law who will efficiently and knowledgeably guide and assist you through the process of a workplace accident.
Frequently Asked Questions
Was the dismissal given for just cause or not? A question that frequently arises after a dismissal. But is the employer obliged to disclose the reasons for the dismissal?
In principle, an employer is not required by law to spontaneously communicate the reasons for dismissal. The employee can always request the concrete reasons for dismissal from the employer by registered letter. This request must be made by the employee within two months of the termination of the employment contract.
The employer must respond within two months of receiving the registered letter, also by registered mail. Failing this, the employer will have to pay a penalty of 2 weeks' wages.
Meeting or not meeting the grounds for dismissal can have serious consequences in a subsequent challenge to the grounds for dismissal. See our article "A manifestly unreasonable dismissal, how and what?
Since April 1, 2014, collective bargaining agreement No. 109 has come into force to combat the manifestly unreasonable dismissal of employees. A manifestly unreasonable dismissal is the dismissal of an employee for reasons unrelated to his suitability and/or behavior or not linked to the company's necessities. Moreover, a normal and reasonable employer would never have proceeded to this dismissal. The manifestly unreasonable dismissal applies only to employment contracts of indefinite duration.
The manner in which the grounds for dismissal were made determines who must prove the manifestly unreasonable nature of the dismissal:
The employer communicated the reasons for dismissal spontaneously or upon express request provided compliance, the employee must provide proof.
The employee has asked about the reasons for dismissal but the employer does not answer according to the rules, the employer will have to provide proof.
The employee did not submit a question or it was not valid then it is up to the employee to provide proof.
Sanction?
If the dismissal is labeled as manifestly unreasonable, the employer will be ordered to pay compensation equivalent to a minimum of 3 weeks and a maximum of 17 weeks of wages.
For questions regarding this topic, contact us. A manifestly unfair dismissal is never a black and white story.
One of the main misunderstandings within dismissal law is that a sick employee could not be fired while on disability. This is incorrect.
An employer may fire a sick employee at any time. However, the employee may not be fired because of the illness. Such dismissal may be manifestly unreasonable and give rise to compensation or even be considered discrimination based on health status.
You can always contact us with questions regarding dismissal during a period of illness.
In other cases, there may be severance protection, click here for more info.
