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An employee of rim manufacturer Vlukon in Vaals in the Netherlands ended up with his hand in the press on his second working day and lost his index and middle fingers. The insurer of the employment agency for which the man worked eventually reached a settlement of more than 235,000 euros.
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Source: The Telegraph
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The man was a Randstad temporary worker, who started working for the manufacturer of rims for agriculture and industry on 23 April 2018. His job was to punch holes in metal. The next day, his left hand got caught in the press. He was taken to hospital, where two fingers had to be amputated.
The Labor Inspectorate investigated the industrial accident and concluded that the working conditions at Vlukon left something to be desired. The press was not safe and was not regularly maintained. In addition, the temporary worker had not been given a proper explanation of how to operate the machine and had not been sufficiently informed of the risks.
Deposit
The employee held the employment agency and the metal company liable for the damage. Vlukon’s insurer paid the man an advance, but later decided to refuse the policy cover because the labor inspectorate’s investigation showed that the company was to blame for the accident.
In order to prevent the injured employee from becoming the plaything of a lingering legal dispute about compensation between the employment agency and the client, Randstad’s insurer has made an arrangement with the man. A personal injury expert calculated that he is entitled to 210,000 euros. The total extrajudicial costs amounted to 25,625.43 euros.
Judge
Because Vlukon’s insurer had already paid out part, Randstad’s insurer paid the rest: more than 222,000 euros. She tried to recover that amount from Vlukon through the court. The judge in Maastricht has now confirmed that Vlukon is liable for the damage and must pay the full bill.
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