Loss of earnings after a work accident

Loss of earnings after a workplace accident in the Netherlands

Workplace accidents in the Netherlands · Employer liability

This guide focuses on calculating lost earnings. For the separate rules on sick pay, WIA and return to work, see our work incapacity guide.

If a workplace accident prevents you from working, continuing wages may not cover your actual loss. An injury claim can include proven loss of earnings where another party is liable. The calculation compares the financial position you would probably have had without the accident with your actual position after it.

Which income losses may be relevant?

Possible loss	Documents to collect
Reduced wages	Payslips before and after the accident, contract and collective agreement.
Lost overtime or shift allowances	Work schedules, past payments and evidence that the work would probably have continued.
Bonus or career progression	Bonus rules, performance history and concrete career information.
Pension loss	Pension statements and contribution details.
Lower income after benefits or adapted work	Benefit decisions, payment statements and the new employment terms.

These items are not automatically payable. The accident, loss and likely situation without the accident must be supported. Avoid counting the same loss twice or treating every reduction in gross salary as the final net damage.

Continued wages and an injury claim are separate

During employment, an employer generally continues at least 70% of wages during sickness for up to 104 weeks, subject to statutory rules and limits. In the first year the statutory minimum wage protection applies; a contract or collective agreement may provide more. A fixed-term contract can end during sickness, after which different benefit arrangements may apply. A wage sanction can also affect the period.

Receiving sick pay does not decide who caused the accident. Nor does a 30% wage reduction automatically mean a 30% compensation award. Assess liability, actual loss, benefits and the future work situation together. Our guide to wage continuation, WIA and reintegration explains the employment and benefit route in more detail.

Keep a clear record of the financial consequences

Save monthly income statements, correspondence about changed work, invoices and a dated record of help you need. Note when hours or allowances changed and why. If there were additional earnings, provide an honest and complete account with evidence. The tax and legal treatment must be assessed; concealing income or creating proof is not a solution.

Future earnings may require assumptions about work capacity, hours, career prospects and retirement. A financial or occupational expert can assist where the size and complexity of the loss justify it. The estimate should make its assumptions and uncertainties visible.

Suitable work and return to work

You and your employer generally have reintegration duties. The occupational physician advises on medical work limitations; an occupational expert can assess the practical suitability of work. Do not refuse a task solely because it is less attractive or pays less. Obtain advice about whether it is suitable and what refusal could mean for wages or benefits.

If there is disagreement about wage suspension, a proposed return-to-work plan or ending employment, our employment law team can address that alongside the injury claim. Keep medical details with the appropriate medical professionals; your employer normally needs functional information, not your entire medical history.

What if recovery takes longer?

A long absence does not automatically entitle everyone to WIA. Eligibility and the assessed loss of earning capacity matter. Keep decisions and appeal deadlines, and seek timely advice if you disagree. A benefit decision can be relevant evidence but does not replace the separate assessment of civil liability and injury losses.

Where liability and a supported part of the loss are accepted, an advance may help. We can request it, but cannot promise that payment will be made or that it will arrive immediately. Avoid accepting a final settlement merely because of short-term financial pressure without assessing future loss.

What should I bring to a first conversation?

Bring the accident date, employment contract, recent payslips, the incident report if available, benefit decisions and correspondence with the employer or insurer. This helps identify urgent employment issues and the evidence needed for the claim.

Sources: UWV on continued wage payment and Dutch government on wages during sickness.

Legal, employment and medical questions in one case

Arslan Advocaten combines personal injury lawyers, legal advisers and NIVRE registered experts. Our employment law specialists can assess wage payment, suitable work and employment termination alongside the injury claim. Where medical assessment is needed, we work with MEDICA Medisch Advies. Its role is to assess the medical information and consequences; it does not decide legal liability or replace your treating doctor or occupational physician.

We discuss the instruction, costs and necessary consent before obtaining medical information. Send medical records through the agreed secure route, not to your employer or in a public form. The first conversation is free and without obligation. The costs of further work are agreed separately.

Call +31 70 450 0300 to discuss your situation. Have the accident date, employment details and any insurer correspondence ready.