Dismissal after industrial accident

Question 1

Sick due to an accident at work?

Answer

Sick due to an accident at work? What happens then? After all, many accidents happen during working hours, with both serious and less serious consequences.

How do you report sick?

You must report sick as soon as possible if you have become ill as a result of an accident at work.

How this works depends on the type of employment contract.

As an employee, you are always required to report sick to your employer, as per the terms of your contract. If you work through a temporary employment agency, you must report your illness to them.

What happens if you are ill for a long period of time due to an accident at work?

Are you experiencing long-term illness due to a workplace accident? Your employer will first consult a company doctor. Together with the doctor, you will discuss your return to work. If you are unable to return to your previous workplace after a workplace accident, the doctor will explore other options within the company. Later in the process, they will explore external options. It is mandatory that you cooperate with this reintegration process.

What are the consequences?

Are you an employee with a permanent contract? And did you report sick after the accident at work according to the company's absence protocol? Then you will continue to receive your salary. Your employer will pay your salary for a maximum of two years.

Do you work through a temporary employment agency or have an on-call or agency contract? They will continue to pay your wages during illness. The duration depends on your contract. If this obligation to continue paying wages ends, you will become subject to sickness benefits. You will then be entitled to 70% of your lastearned wages. This will likely have a significant impact on your wallet.

It's therefore crucial to be able to prove your employer or client's liability. If the company is liable, you can claim all personal injury damages from your insurer. It's crucial to properly substantiate your claims.

We understand you might need assistance with this. Our specialists are happy to help you recover your personal injury damages, free of charge and without obligation.

Want to learn more about the consequences of illness due to an accident at work? Click here.

Question 2

Temporary contract and sick due to an industrial accident

Answer

What happens if you're on a temporary contract and become ill due to a work-related accident? In most cases, your temporary contract won't be extended. Your employer isn't obligated to offer you an extension, not even if you're ill due to a work-related accident. Not even if you've always performed well. However, your employer must give you timely notice of your dismissal. What does that mean? Your employer must inform you one month before the end of your contract whether or not you'll receive an extension.

Is your contract not extended after an industrial accident?

Your employer is not required to renew your temporary contract, even if you become ill due to a workplace accident. If your contract ends while you are still ill due to a workplace accident, your employer's obligation to continue paying wages under the Sickness Benefits Act will expire. You will only receive 70% of your salary. This represents a 30% drop in income. It's very frustrating if you become ill due to a workplace accident. If your employer is liable, you can recover this loss of income from your employer.

Are you lost in all the rules and exceptions regarding sickness benefits after a workplace accident? Then seek expert help quickly. A personal injury expert can help you calculate your loss of income, among other things.

Consequences of not renewing a temporary contract in the event of an occupational accident

If your temporary contract is not renewed after an illness caused by a work-related accident, you can apply for sickness benefits from the Employee Insurance Agency (UWV). If you become covered by the Sickness Benefits Act after an accident , your income will drop significantly. The Sickness Benefits Act benefit is approximately 70% of your salary. The UWV calculates the benefit amount based on your daily wage. Your daily wage is the average wage you earned per day in the year before you became ill.

Sometimes you can apply for benefits due to a loss of income after illness resulting from a work-related accident. More information about this can be found on the UWV website. Van der Toorn Personal Injury can also assist you with this.

How long do you receive Sickness Benefits Act benefits after illness due to an accident at work?

That depends on your situation. The maximum duration of a Sickness Benefits Act benefit is two years. When does this period begin? When your temporary contract is not renewed after illness due to a work-related accident. The Sickness Benefits Act benefit may end earlier, for example, if you are less than 35% incapacitated according to the UWV (Employee Insurance Agency). Or if you are eligible for the AOW (state pension).

The drop in income due to the Sickness Benefits Act is significant, while your expenses continue unabated. Is the employer liable for the workplace accident? Then you can recover the loss of income. Your representative will provide advance paymentsso you can continue paying your fixed expenses.

Calculating damages after illness due to an occupational accident

If your employer is liable for the workplace accident, you are entitled to sickness compensation. Part of this compensation is the loss of income, especially if your contract was not renewed due to illness following a workplace accident! A personal injury firm can assist you with the complex calculation of your “Loss of Earning Capacity”.

Of course, you've suffered more than just lost income. If you'd like to recover your personal injury damages, please feel free contact Van der Toorn Personal Injury.

Question 3

Rejected due to industrial accident

Answer

When can you become incapacitated for work after a workplace accident? What benefits are available if you're declared incapacitated? Where can you go with all your damages? These are sensible questions to ask if you fear you'll be declared incapacitated for work after a workplace accident.

When are you declared incapacitated for work due to an industrial accident?

You are declared unfit for work after a workplace accident if you can no longer fully perform your previous work, even after reintegration and any adjustments. If you can no longer fully perform your previous work, you are considered unfit for work and may be declared unfit for work.

If you are permanently incapacitated for work at the end of your contract, you will be declared unfit for work. Your contract will not be renewed or will end after two years of illness. You will then leave your job due to illness. You will also need to apply for benefits from the Employee Insurance Agency (UWV).

Which benefit can you apply for?

Are you declared unfit for work after your temporary contract? Then you can apply for sickness benefits.
Do you have a permanent contract and are you declared unfit for work after two years due to a workplace accident? Then you can apply for a WIA benefit. Your employment contract ends after two years of illness.
As a self-employed person , you are only entitled to benefits from your own disability insurance.

What happens if you are declared incapacitated for work due to an industrial accident?

Are you receiving benefits from the UWV (Employee Insurance Agency) because you are declared unfit for work following a workplace accident? Then you will be assessed by a medical examiner and an occupational expert. They will determine the degree of your incapacity for work. You are entitled to benefits if you are more than 35% incapacitated.

How long can you receive benefits if you are incapacitated for work due to a workplace accident?

The Sickness Benefits Act has a maximum term of two years. You will be assessed during this period.
The WIA benefit has no fixed duration. How long you can receive this benefit depends partly on your disability.

Claim damages after being declared unfit for work due to a workplace accident

If you're paid less because you're declared unfit for work following a workplace accident, you'll naturally want to recover your damages. You can recover this loss of income from your employer if they are liable.

You will therefore have to hold your employer or client liable . You must demonstrate that the injury occurred as a result of your work, and your employer must demonstrate that they did not breach their duty of care. In practice, this often becomes a legal battle to get your case in the right. Fortunately, you can hire an expert to help you with this

If your employer accepts liability for the workplace accident, you can claim damages from their insurer. It's crucial, however, that you properly substantiate your damages. As a victim, you can free assistance with this.

How do you calculate the damage?

The consequences of a workplace accident are enormous, especially if you are declared unfit for work. You receive less income, which is often permanent. Calculating long-term damages is difficult. loss of earning capacity is especially challenging if you are declared unfit for work. Van der Toorn Personal Injury is happy to help you with these complex calculations and recover your personal injury damages.

Does this sound appealing? Feel free contact Van der Toorn Personal Injury.

Question 4

Dismissal after a workplace accident?

Answer

Dismissal after a workplace accident. This is a fear many employees face. Perhaps it's a slight relief to know that with a permanent contract, you can only be dismissed after two years. Is an employer allowed to dismiss an employee after a workplace accident, and why is this done?

Can your employer dismiss you after a workplace accident?

Dismissal after a workplace accident can be due to actual incapacity for work, but also because your employer no longer wants to take any risks with you. Often, the employer is afraid that you will become incapacitated again or perhaps no longer be sufficiently employable. Not fair, but it's a common occurrence in practice. However, an employer cannot simply dismiss you if you are ill due to a workplace accident. However, under exceptional circumstances, this is sometimes permitted. Consider, for example, an employee on probation, summary dismissal, or bankruptcy. If you have a permanent contract, you are entitled to dismissal protection for two years. With a temporary contract, the employer can terminate the contract at the end of the term. In that case, your contract will not be renewed.

After illness due to a workplace accident, your reintegration is crucial. If you don't cooperate or don't cooperate sufficiently, your employer may also provide you with interim benefits.

Please note: in none of these cases may the employer use your illness as a reason for dismissal.

How do I recover my loss of income after dismissal due to a workplace accident?

In many cases, employers in the Netherlands are liable for workplace accidents. However, to successfully recover damages, it's crucial that the employer acknowledges liability. This is crucial, because after dismissal due to a workplace accident, you almost always suffer a loss of income. This is because your benefit is limited to a maximum of 70% of your last earned salary. The type of benefit you receive depends on your individual situation.

This concerns a WIA benefit or the Sickness Benefits Act. You can claim a WIA benefit if you have been unable to work for more than two years. This also applies in the event of dismissal following a workplace accident. If you have been ill for less than two years, you are entitled to a benefit under the Sickness Benefits Act.

Who can I turn to for help?

It's often quite difficult to hold your employer liable yourself. Do you want to recover damages for your injuries because you were dismissed after a workplace accident? Always ask for free legal advice. This advice doesn't obligate you to anything, but you'll immediately know where you stand. Van der Toorn Personal Injury is the right place for you. Want to know more about dismissal after a workplace accident? Click here.

Question 5

Sickness Benefits Act and industrial accident?

Answer

Most employees hope to return to work quickly after a workplace accident . Unfortunately, many still end up on sick leave after a workplace accident

When do you become eligible for sick leave after a workplace accident?

Depending on your employment contract, you may or may not be entitled to sickness benefits after an industrial accident.

Do you have a permanent contract? Then your employer will continue to pay you for two years. You will not receive sickness benefits after a workplace accident, because your employer will continue to pay your wages. Do you have a temporary, on-call, or agency contract? Then you will be eligible for sickness benefits after a workplace accident. You will then receive a maximum of 70% of your last earned wages. Finally, there is the self-employed person. In this case, there is no employee-employer relationship, and you will not receive sickness benefits after a workplace accident.

How long will I receive sickness benefits after a workplace accident?

Sickness benefits always run for a maximum of 24 months. However, these benefits may end sooner if, for example, you become incapacitated for work or if your disability is less than 35% after a year. Even if you receive a WIA or AOW benefit, you are no longer entitled to sickness benefits after a workplace accident.

What are the consequences?

If you end up on sick leave after a workplace accident, your income will initially drop significantly. Sickness benefits are limited to a maximum of 70% of your salary, meaning the loss of income can easily reach 30%. If this causes financial hardship, carefully consider who is liable. If your employer is liable, you can recover your loss of income from the company.

It's often quite difficult to hold your employer liable yourself. Do you want to recover damages for your injuries because you're on sick leave following a workplace accident? Then enlist the help of a professional personal injury firm. Our services are free, and we're happy to assist you.

Want to know more about sickness benefits after a workplace accident? Click here.

Question 6

Industrial accident and incapacitated for work?

Answer

If you are disabled due to a workplace accident, you can no longer perform your previous duties. This may be temporary, but you may also have permanent limitations.

Should the employer involve a company doctor?

The company doctor plays an important role if you become incapacitated for work due to a workplace accident. If you are unable to work for more than six weeks, your employer is even obligated to do so. A company doctor will help you return to your previous workplace. If this isn't possible, the doctor will explore other options.

Am I entitled to benefits if I am unable to work due to a workplace accident?

If you have become incapacitated for work due to a workplace accident, your eligibility for benefits depends on your employment contract. If you have a temporary contract, your obligation to continue paying wages under the Sickness Benefits Act will expire. After a year of incapacity for work, you will be reassessed by the UWV medical examiner and an occupational health and safety expert.

If you have a permanent contract, your employer will continue to pay your salary for two years. If you are still incapacitated for work after two years, you are entitled to a WIA benefit. This applies to both permanent and temporary contracts.

Self-employed persons will only receive benefits if they have disability insurance.

Claiming damages after a work-related disability accident

Your benefit is often considerably lower than the wages you received. If you become disabled after a workplace accident, you will usually also suffer a loss of income. It is possible to recover these damages from your employer or client if they are liable.

This is often a long-term issue. Your employer likely wants to show that they are not at fault.

It's often quite difficult to hold your employer liable yourself. Do you want to recover damages for your injuries due to a workplace accident that left you disabled? Then seek the help of a professional personal injury firm. Our services are free, and we're happy to assist you.

Want to know more about workplace accidents and disability? Click here.