If you sustain injuries in an accident, you may become limited in tasks around your home. If, due to your injuries, you are less able to do DIY, painting or gardening, you may be eligible for compensation for loss of ability to perform household tasks.
What is loss of ability to perform household tasks?
Self-performed household work is the ability to carry out repairs, painting, wallpapering and garden maintenance at or around the home privately. Loss arises if you cannot perform these usual tasks, or can do them to a lesser extent, because of your injuries. It concerns the work you would normally do yourself but that now must be contracted out or remains undone.
Legal framework and guideline
The legal basis lies in articles 6:95 and 6:96 paragraph 1 of the Dutch Civil Code. Article 6:97 DCC gives the judge leeway to assess damage in a manner appropriate to its nature. In practice, the Letselschade Richtlijn Zelfwerkzaamheid provides a standardized method to practically determine damage in regular situations.
How is the compensation calculated?
The amount depends on your housing situation, type of dwelling and the extent to which you are limited. The guideline uses standard amounts as a basis. The formula is: standard amount multiplied by the housing factor multiplied by your share before the accident multiplied by your degree of limitation. The share and the limitation are usually assessed in 25 percent increments.
Burden of proof and practical steps
Document your limitations in medical reports, with attention to bending, lifting or climbing. Make a list of chores you performed yourself before the accident and their frequency. Keep photos of the house or garden, material receipts and quotes when work has to be contracted out.
Costs of legal assistance
When liability is acknowledged, reasonable costs of legal assistance are in principle eligible for reimbursement. If liability is contested or contributory negligence applies, alternatives can be discussed in advance.
Would you like your situation assessed?
Contact Arslan & Arslan Advocaten for a no‑obligation assessment of your file and assistance in substantiating a claim.
