Personal injury due to Covid-19

When it concerns personal injury, most people think of road accidents, for example due to a chain collision (Dutch: kettingbotsing) or if a cyclist is hit (Dutch: fietser aangereden). If you are injured in this traffic accident, you are entitled to compensation for personal injury. The only condition for compensation is that someone is liable for the damage. Damage as a result of an accident is called personal injury.

Personal injury from a Covid-19 contamination

The question that arises is whether there is also a right to compensation for personal injury in the event of a Covid-19 infection, except as a result of a traffic accident or occupational accident. Or because you could not be treated in the hospital in time for something else, because patients with Covid-19 have priority over other patients.

Under the law, you are entitled to compensation if you suffer damage at the hands of someone else. You get an infection from someone else. However, this does not mean that this person must always pay compensation. However, there may be a liable party under certain conditions.

The most extreme variant is of course the case in which someone consciously coughs your way and infects you with the Coronavirus. The perpetrator is then not only punishable but also liable for your personal injury. However, if someone does not know that he or she is infected and you are infected, then there is no just question of liability. Employers can also be liable for infection with the Coronavirus. Under Dutch law, an employer has a heavy duty of care. Employers must do everything they can to prevent an occupational accident. If they do not do this, then there is employer's liability. Therefore, if the employer does not do enough to protect you against the CoronaVirus, the employer can be held liable for your personal injury.

Delay in medical treatment

Covid-19 may result in you have to wait longer before receiving treatment. After all, the doctors have their hands full with all infected persons. If a diagnosis is detected too late as a result, this can lead to health damage.

Hospitals and medical practitioners will invoke force majeure. It remains to be seen whether this is feasible or whether there is liability. It is expected that several claims for damages will be submitted to hospitals and doctors because of missed or diagnosed diagnoses too late. Ultimately, the judge will have to decide whether there is liability or whether the patients must bear their own damage.

Conclusion

When it concerns personal injury we mainly think of traffic accidents. If you as a cyclist are hit or are in a chain collision, it is easy to determine who can be held liable. With a personal injury claim due to Corona, this is a lot more difficult, but not impossible. Time will tell.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes