Disabled After Work Accident: Your Rights

Disabled After Workplace Accident: Wage Continuation, WIA, and Reintegration

Disabled after workplace accident: the employer is obliged to continue paying at least 70% of the salary for a maximum of two years.
Wage continuation 70% versus 100%: in some cases, the employee may be entitled to a top-up to 100% of the salary.
WIA benefit: after two years of illness, a WIA benefit can be applied for to compensate for permanent disability. (WIA refers to the Dutch Work and Income according to Labor Capacity Act)
Reintegration Track 1 and 2: together with the employer and the Employee Insurance Agency (UWV), suitable work is sought within or outside the own company.
Damage claim for income loss: the remaining income loss on top of wage continuation and WIA can be claimed as personal injury compensation.
Pain and suffering compensation: compensation for non-material damage such as pain and suffering can also be awarded in case of a disabled workplace accident.

Disabled after workplace accident: statutory wage continuation obligation

If you become disabled due to a disabled workplace accident, you are entitled to wage continuation by your employer. According to article 7:629 BW (Dutch Civil Code, Book 7, Title 10, Section 2, Article 629), the employer is obliged to continue paying at least 70% of the salary for a maximum of two years (104 weeks), and in the first year at least the statutory minimum wage. This is the minimum legal standard to limit income loss during illness.

This wage continuation applies from day one after the workplace accident and usually lasts two years. During this period, the employer must also actively cooperate with your reintegration so that you can return to work as soon as possible.

The salary on which 70% is paid generally concerns the gross salary including fixed salary components such as holiday allowance and fixed allowances. However, in practice, you may receive less, for example because 70% is based on the fixed salary without variable rewards.

Wage continuation 70% or 100%: when are you entitled to full wage continuation?

The statutory minimum is 70%, but in some cases you can end up with 100% of your salary. If your employer is liable for the workplace accident, for example because it did not comply with safety regulations, the shortfall up to your full salary can be claimed as damages under article 7:658 BW.

Additionally, a collective labor agreement (cao) or employment contract may impose higher wage continuation obligations. Employers in high-risk sectors, such as construction or industry, sometimes apply full wage continuation for a certain period.

Examples of situations where 100% wage continuation is possible:

If the employer is liable under article 7:658 BW (the shortfall is then claimed as damages)
Due to agreements in the collective labor agreement or employment contract

WIA benefit after two years of disability

After two years of illness, the statutory wage continuation obligation of the employer ends. From that moment, you may be eligible for a WIA benefit (Work and Income according to Labor Capacity Act). This benefit is intended as an income provision for employees who have become permanently disabled.

The WIA has two main variants:

IVA benefit: for employees who are fully and permanently disabled (80-100% disabled).
WGA benefit: for partially disabled employees who can still (partially) work.

The amount of the WIA benefit depends on your disability percentage, your salary prior to the workplace accident, and any remaining earning capacity.

Note: the WIA benefit is often lower than the regular salary. This means that there usually remains income loss, for which you may file a damage claim.

Reintegration obligations: Track 1 and Track 2

During the wage continuation period, the employer is obliged to work together with you on reintegration. This process is elaborated in the Work Capacity and Reintegration policy and has two tracks:

Track 1: reintegration within the own organization. This involves looking at whether you can perform adjusted work within your current position or another suitable position with the same employer.
Track 2: reintegration with another employer. If return to the own company is not possible, suitable work is sought with another employer.

The reintegration must comply with the requirements of the WIA Implementation Decree and the Reintegration Protocol. The employer must offer suitable work and make reasonable adjustments. You as an employee are also obliged to cooperate with the reintegration process, otherwise this may affect your benefit.

If employer and employee cannot reach agreement, the Employee Insurance Agency (UWV) can be involved to mediate and make decisions about reintegration efforts.

Damage claim in case of disabled workplace accident: remaining income loss and pain and suffering compensation

An important aspect of a disabled workplace accident is that you are not only entitled to wage continuation and a WIA benefit, but also to compensation for the remaining income loss and non-material damage. This is regulated in article 6:96 BW about compensation for damages (Dutch Civil Code, Book 6, Title 10, Section 2, Article 96).

You can claim the difference between your original salary and what you actually receive in wage continuation plus WIA benefit as personal injury compensation. This can be a substantial amount, especially if you are disabled long-term or permanently.

Additionally, you can claim pain and suffering compensation for pain, suffering, and loss of enjoyment of life. Examples of pain and suffering amounts in workplace accidents are:

For a serious back injury with long-term limitations: between €7,000 and €15,000
For permanent disability or loss of function: between €15,000 and €30,000, depending on the degree of disability
For psychological injury due to the accident: depending on severity, often between €5,000 and €10,000

The exact amount of pain and suffering compensation is determined based on the circumstances of the case, medical reports, and case law.

What to do if disabled after a workplace accident?

If you become disabled due to a workplace accident, it is crucial to act quickly and carefully:

Report the accident immediately to your supervisor and ensure it is recorded in an accident report.
Visit a doctor or specialist and ensure thorough medical documentation of your injury.
Keep all medical bills, invoices, and correspondence with your employer and insurer.
Request a written statement from your employer about wage continuation.
Engage a specialized personal injury lawyer as soon as possible, for example via Arslan Advocaten.
Actively follow the reintegration process and maintain contact with the company doctor and the Employee Insurance Agency (UWV).

By carefully following these steps, you increase the chance of a full and fair compensation.

Why choose Arslan Advocaten for disabled workplace accident cases?

Arslan Advocaten has many years of experience with disability after workplace accidents and recovering damages from employers and their insurers. We know the complex laws and regulations regarding wage continuation, WIA, reintegration, and personal injury claims and guide you expertly at every step.

Our lawyers are not afraid to litigate if insurers offer too low compensation. Moreover, if liability is recognised, the reasonable costs of our assistance are in principle paid by the liable party’s insurer (article 6:96 BW), so in most cases you do not pay for our help yourself (contact us for a free introductory consultation).

We assist you in Rotterdam, Amsterdam, The Hague, and throughout the Netherlands. Also check our local expertise at personal injury Rotterdam, personal injury Amsterdam, and personal injury The Hague.

Frequently asked questions: incapacitated for work after a workplace accident

Does hiring a personal injury lawyer cost me money?

No, if liability is recognized, the costs of legal assistance are borne by the employer’s insurer, based on article 6:96 BW. So you bear no financial risk.

How long must my employer continue paying my salary during disability?

The employer is legally obliged to continue paying at least 70% of your salary for a maximum of two years according to article 7:629 BW. After that, wage continuation stops and you can apply for a WIA benefit.

What happens if my employer does not fulfill his duty of care?

If your employer does not fulfill his duty of care, for example by insufficient safety measures, he is liable for your damages. This means you are entitled to full compensation, including the remaining income loss and pain and suffering compensation.

Can I hold my employer liable without losing my job?

Yes. You hold your employer liable, but in practice the claim is usually handled by your employer’s liability insurer. During the first two years of illness, your employer cannot in principle terminate your employment by giving notice (article 7:670 BW), and holding your employer liable is not in itself a valid ground for dismissal.

Am I entitled to compensation if I am incapacitated due to a work accident?

Your employer must continue to pay your wages during illness, regardless of who was at fault. Compensation for the remaining damage is a separate matter. Under article 7:658 BW, you must show that you suffered the injury while performing your work. Your employer is then liable, unless it proves that it met its duty of care or that the accident was to a significant extent the result of your intent or deliberate recklessness.

Which income losses can I claim if I am incapacitated for work?

If your employer is liable, you can claim the difference between what you would have earned without the accident and what you actually receive. This may include the part of your salary that is not continued, missed overtime and irregular-hours allowances, bonuses, lost pension accrual, a lower salary in other work and future loss of earnings. Pay slips and annual statements form the basis of the calculation.

Do I have to accept other work while I am incapacitated?

During reintegration you must in principle perform suitable work that fits your limitations, even if it differs from your own job (article 7:660a BW). Refusing suitable work without good reason can lead to your wages being stopped. If you end up earning less and your employer is liable for the accident, the difference can be part of your damages claim.

Does my employer have to report the workplace accident?

Yes. Your employer must immediately report a workplace accident that results in death, permanent injury or hospital admission to the Netherlands Labour Authority (Nederlandse Arbeidsinspectie), under article 9 of the Working Conditions Act. Ask your employer for the accident report and keep your own notes and the details of witnesses: they are important evidence.

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Contact Arslan Advocaten without obligation for a free and non-binding consultation. We are happy to help you recover your damages after a disabled workplace accident. Call us or fill in the contact form via our contact page.