Sick from work after a workplace accident

Immediate loss of income. Legal help is almost always essential!

Sick from work after a workplace accident

When do you leave work due to illness after a workplace accident? For example, if your temporary contract isn't renewed due to illness after a workplace accident. Even with a permanent contract, you leave work due to illness after two years of incapacity for work. What happens before this happens? What are the consequences of leaving work due to illness after a workplace accident?

First reintegrate before you leave work due to illness

Your employer may not simply terminate your contract due to leaving employment due to illness. You must first go through a reintegration process. For permanent contracts, this reintegration process following a workplace accident lasts two years. During this process, your employer continues to pay your salary as usual. You therefore cannot be dismissed . For all forms of temporary contracts, the reintegration obligation lasts until the end of your contract. One month before the end of your contract, your employer must indicate whether the contract is ending. If your temporary contract is not renewed, you leave employment due to illness.

How does reintegration proceed?

Involve a company doctor

Before you potentially leave work due to illness following a workplace accident, you must first reintegrate. If you are ill for longer than six weeks, your employer must consult a company doctor . They will draw up an action plan for your reintegration. You are obligated to cooperate with this plan.

Involving an occupational expert

If you're unable to resume your normal work (with adjustments), the company doctor will consult an occupational health and safety expert. They will assess your options. Is suitable work available, or is retraining possible?

If reintegration is unsuccessful, you will leave the company due to illness

When is your employer allowed to dismiss you due to illness after a workplace accident? There must be a failed reintegration. This requirement varies depending on whether you have a permanent or temporary contract.

For employees with a permanent contract, the employer must request permission from the Employee Insurance Agency (UWV). What assess in the event of sick leave after a workplace accident?

Has the employee been incapacitated for his own work for 2 years?
Can the employee's recovery from his own work not be expected within six months?
Is the employee unable to perform his own work in an adapted form within six months ?
Is it to redeploy the employee to another suitable position within the organization?

If the dismissal application passes this test, you will leave employment due to illness after the industrial accident.

For employees with a temporary contract , the UWV requirements are less strict.

The employer must give timely notice of termination of the contract, at least one month before the end of the contract term.
On the last working day, the employer must register the sick employee with the UWV.

Are you finding it difficult to assess whether your reintegration is going well? By law, you can ask an expert for help free of charge . Together with your advocate, you can request an expert opinion, for example

What benefits are you entitled to if you leave your job due to illness?

The benefits you can apply for if you leave work due to illness following a workplace accident depend on your contract. If you have a temporary contractthat hasn't been extended, you can apply for a Sickness Benefits Act benefit. This also applies to agency contracts, zero-hours contracts, and on-call contracts. After one year, you'll be assessed to determine if you're still eligible for the benefit.

Sickness Benefits Act

How long do you receive Sickness Benefits Act benefits if you are sick and leave work after a workplace accident? That depends on your situation. Sickness Benefits Act benefits stop, for example, if:

You are less than 35% incapacitated for work after one year;
After the maximum term of two years.

If you are still incapacitated for work after two years of Sickness Benefits Act benefits , you can apply for a WIA benefit.

Do you have a permanent contract and leave your job after two years due to illness due to a workplace accident? Then you can apply for a WIA benefit.

WIA

The WIA benefit has no fixed duration. The UWV's medical examiner and occupational expert assess your incapacity for work. A WIA benefit ends, for example, if:

You are less than 35% incapacitated for work;
You have reached the AOW (state pension) age.

Would you like advice about your right to compensation for personal injury ? You can consult an expert free of charge . They can also help you recover all your damages after a workplace accident .

What damages can you claim if you become ill and leave work?

If you leave work while sick due to a workplace accident, your income will decrease. Benefits are always lower than your salary. You can recover any salary components you miss if you leave work while sick. What should you consider?

Loss of income due to illness from work due to an industrial accident

Difference between benefits and wages;
Missed irregular hours allowances;
Lost income from overtime and tips;
Missing out on a promotion or raise;
Missing out on bonuses and profit sharing;
Missing a lease car, telephone and laptop.

If you leave your job due to illness, not only does your income decrease, but you also face additional expenses that you wouldn't have incurred without the accident. What damages can you claim if your employer is liable for the workplace accident?

Damage to your personal property
Your own contribution to medical costs
Travel expenses to and from doctors/therapists
Daily allowance in case of hospital admission
Costs of informal care/home care
Compensation for domestic help
Costs for jobs in and around your home that you can no longer do yourself
Statutory interest
Non-pecuniary damages

Need help substantiating your damages?

How do you get these damages compensated if you leave work due to illness? You must first hold your employer liable. Holding your employer liable after a workplace accident can result in a legal battle.

Fortunately, you're not alone. You can free assistance from a personal injury expert. Van der Toorn Personal Injury will help you get what you're entitled to.

What customers ask

Is your help really free for me?

Absolutely, our help is truly FREE.

Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).

At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.

We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!

Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.

If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!

When can I claim personal injury damages?

You can claim damages for personal injury if you have suffered an injury (been injured) due to the fault of another person

Personal injury can be caused by, for example:

In addition, you may think of injuries sustained during:

organized trip
unsafe product or
fall at someone else's home, in a shop or on the street

It's best not to wait too long to file a personal injury claim. It's best to do so immediately after the accident.

Even if it is not yet clear at that time what your injury and its financial consequences consist of.

However, someone else must liable and must have taken out liability insurance for this (AVP/AVB/WA).

However, even if you caused the accident yourself, you can sometimes still claim compensation for personal injury. For example, if you SVI (Passenger Injury Insurance) or SVO (Opzittende Inschadende).

Are you unsure whether and when you are entitled to personal injury compensation?

Don't hesitate to contact us now for a free, no-obligation consultation. It's free , and you'll know exactly where you stand. Afterward, you can decide for yourself what to do with our advice.

What injuries do you treat?

We can actually help you with all types of personal injury

Van der Toorn Personal Injury can help you with all types of injuries. We specialize in handling "serious personal injuries," such as:

brain injury (ABI)
spinal cord injury
burns
dystrophy
bone fractures and
cosmetic injury.

But of course, we are also very happy to be there for you if someone else has sustained an injury. Such as neck injuries, whiplash, back injuries, bruises, sprains, dog bites, temporary injuries, and you name it.

We cannot help with all types of personal injury

The only thing we cannot help you with is personal injury caused by:

violence
medical errors and/or
situations of abuse.

In that situation, we will of course refer you to a party that is specialized in this.

Always request free, no-obligation advice on personal injury claims

Do you have questions about your personal injury? Or are you unsure if we're the right place for you?

Please do not hesitate to ask us for a complete and free, no-obligation personal injury claim consultation.

When should I contact you?

You don't have to! But it's in your best interest to contact us as soon as possible

Only then can you be certain that there is someone who thinks solely of your interests . Because that is our job: thinking of *your* interests.

But what is: as quickly as possible?

Sometimes an insurance company will contact you very shortly after the accident. They'll ask how you're doing and also ask for all sorts of other information.

You cannot know whether that insurer is asking “too many questions” from a legal perspective. About your health before the accident and which doctors you visited. You would rather avoid that, wouldn't you? So never wait too long to engage a personal injury firm.

It's also likely that you'll quickly incur significant expenses . Or your incomemay disappear. We'll handle the initial damage payments from the other party. Then you can focus on your recovery.

Would you like to know what's best for you? Don't hesitate to contact us , without obligation

We'll give you clear advice right away . Then you can decide for yourself what to do with it.

If we think we can help you, we will let you know right away.

At the same time, we guarantee that our legal assistance completely free of charge .

To learn more about our FREE personal injury assistance services, click here.

What personal injury compensation amounts am I entitled to?

The personal injury compensation amounts you are entitled to are:

Allowances for additional assistance, such as:

household help, shopping, taking children to school, etc.
help in the garden and
help with the maintenance and painting of your home.

In addition, your personal injury may have consequences for your income, such as:

income that is not fully paid (self-employed person, temporary worker, zero-hour contract, etc.)
no more irregular hours allowance
no longer being able to work overtime
missed promotions and
missed pension accrual

Finally, you can consider other equally important personal injury compensation amounts, such as:

Study delay
Reintegration costs for guidance to other work
Costs associated with admission to a hospital or rehabilitation center
Travel expenses
Medical expenses
Non-pecuniary damages
Economic vulnerability
Statutory interest
Furthermore, all costs that you would not have incurred without the accident…
For example, the wages you did not receive because you could not go to work.
Gasoline because you had to go to the hospital or the physiotherapist.
Medicines that were covered by your deductible.

In addition, you are always entitled to compensation for pain and suffering, also known as non-material damages.

This is compensation for "loss of enjoyment of life." Your damages should compensate you for your grief, pain, and anything else that might have made you less happy than before the accident.

Unfortunately, Dutch law is not generous in awarding damages for pain and suffering. Therefore, the amounts awarded in the Netherlands are not considered "fair enough.".

If you'd like to learn more about non-pecuniary damages, click here. If you'd like to learn more about personal injury damages, click here.

Calculating non-pecuniary damages

Calculating non-pecuniary damages:

You are always entitled to compensation for pain and suffering. This is the "non-pecuniary component" of your personal injury compensation.

What is non-pecuniary damages?

Pain and suffering compensation is not in itself a “hard legal term”. It is compensation for damage that cannot be expressed in monetary terms.

So, everything that doesn't fall under additional costs or lost income. It's essentially compensation for your "mental damage.".

How to calculate non-pecuniary damages

People often ask us at the very beginning of their personal injury case how much compensation they are entitled to.

That question is actually impossible to answer. And any personal injury lawyer who claims otherwise is mistaken.

When can you calculate my non-pecuniary damages?

Your compensation for pain and suffering can only be definitively determined at the end of your personal injury case.

Only then will it be known what psychological consequences your injury has had and/or will have for you.

Because it is the psychological consequences that largely determine your compensation for non-pecuniary damages.

Important factors in calculating non-pecuniary damages

Important factors for calculating your non-pecuniary damages include:

the nature of your injury
the severity of your injury
your age
your gender
your level of consciousness
whether you will have permanent scars and where those scars are located
whether you have physical limitations that affect your quality of life
how much pain have you suffered and continue to suffer
how long your recovery period was and
whether you have recovered at all or whether there is permanent damage.

Indication calculation of non-pecuniary damages:

We cannot predict exactly how much your compensation for non-pecuniary damages will be.

What we can do is give you a general indication of the amount of your compensation for pain and suffering.

If this sounds appealing, contact us today for a free, honest consultation. Afterward, you can decide for yourself what to do with it.

We are happy to help you calculate and claim your compensation for pain and suffering and other personal injury damages, such as your additional costs and lost income.

And if you choose our legal assistance, we guarantee you in writing in advance that our assistance will always FREE .

Calculating non-pecuniary damages? Ask for advice! We're happy to help. Want to know more about calculating non-pecuniary damages? Click here.

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After a painful fall in an elevator, my ankle was still in a lot of pain, but luckily Van der Toorn was there to help me.

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As a result of an accident I needed legal assistance, Van der Toorn Personal Injury provided me with excellent support in settling the damage

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John van Santen
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