Best Disability Insurance Lawyers in Delft

About Disability Insurance Law in Delft, Netherlands

This guide explains how disability insurance and related laws work for people living or working in Delft. In the Netherlands disability cover comes from two main sources - the public social insurance system and private insurance. For employees the public route is handled by the Uitvoeringsinstituut Werknemersverzekeringen (UWV) and relevant statutes such as the WIA - Wet werk en inkomen naar arbeidsvermogen. Employers must continue paying salary during sickness for up to 104 weeks and must cooperate in reintegration. Self-employed people and freelancers usually rely on private arbeidsongeschiktheidsverzekering (AOV) to protect their income if they cannot work. Local bodies in Delft - the municipality and social services - can help with practical support for reintegration and daily living, but benefit decisions and insurance disputes are governed by national law and by contracts with private insurers.

Why You May Need a Lawyer

You may want legal help when disability or sickness affects your income, work situation or rights. Common reasons to consult a lawyer include:

- You disagree with a UWV decision about entitlement, the degree of disability or the benefit amount.

- Your employer failed to follow reintegration obligations, or you face dismissal related to sickness.

- A private AOV insurer refuses a claim, reduces a benefit, or applies exclusions you consider unfair.

- You need help with deadlines, filing a formal objection, or taking a case to court or an administrative tribunal.

- You are a freelancer or small business owner and want advice about contract wording, premium disputes, or suitability of a policy.

- You need help gathering medical and work evidence, instructing experts, or challenging medical assessments used by UWV or an insurer.

Local Laws Overview

The following points summarize the key legal framework that applies to disability-related matters in Delft and elsewhere in the Netherlands:

- WIA - Wet werk en inkomen naar arbeidsvermogen: After approximately 104 weeks of sickness absence, employees may apply for WIA benefits. UWV assesses earning capacity and awards either IVA (full, lasting disability) or WGA (partial or variable capacity) benefits.

- Loondoorbetaling: Employers must pay an employee most of their salary during the first 104 weeks of sickness and must actively support reintegration under the gatekeeper provisions.

- Ziektewet: Temporary workers or those without an employer who fall ill may be eligible for Ziektewet benefits administered by UWV.

- Wajong: Young people with long-term disabilities who cannot work or fully participate may be entitled to Wajong benefits.

- Private AOV: Self-employed people often purchase an arbeidsongeschiktheidsverzekering. These contracts are regulated by Dutch insurance law and civil contract law, and disputes follow insurer complaint procedures and, if unresolved, civil or financial industry complaint routes.

- Reintegration duties: Dutch law obliges both employer and employee to cooperate in reintegration. The employer must make reasonable adjustments and explore second-track reintegration if a return to the original job is not possible.

- Administrative procedure and deadlines: If you disagree with a UWV decision you must usually file an objection (bezwaar) within six weeks of the decision. If the objection fails you can take the matter to the administrative court (beroep). For private insurers use the insurer complaint procedure first, then the financial services complaints institute if needed.

- Privacy and evidence: Medical and personnel data are protected under the General Data Protection Regulation (AVG). You have rights to access your personal data and medical reports that form the basis of decisions.

Frequently Asked Questions

What is the difference between WIA IVA and WIA WGA?

IVA is for workers who are fully and permanently disabled and unlikely to return to work. It pays a higher, often longer lasting benefit. WGA is for people with partial or fluctuating work capacity and provides either a wage-related benefit for some time or an income supplement if earnings are lower than before. UWV decides which category applies based on an assessment of earning capacity.

When should I apply for a WIA benefit?

You do not usually apply before 104 weeks of sickness. Around that time UWV will assess your situation and you may be invited to start the WIA application process. Discuss timing with your employer, bedrijfsarts (company doctor) and UWV as the process needs medical and work history evidence.

How do I appeal a UWV decision?

If you disagree with a UWV decision you can submit a formal objection (bezwaar) to UWV within six weeks of the decision date. If the objection is rejected you can bring a judicial appeal (beroep) at the administrative court. These procedures have strict deadlines and formal requirements, so many people get legal help.

What can I do if my employer does not help with reintegration?

Employers have legal obligations to support reintegration. If your employer fails to act you can file a complaint with the UWV or seek legal advice to enforce the employer duty. Evidence of missed meetings, lack of reasonable adjustments or absence of a reintegration plan is important.

Do I need a lawyer to challenge a private AOV insurer?

No, but a lawyer experienced in insurance law can significantly improve outcomes, especially when disputes involve medical causation, exclusions, or policy interpretation. Start by using the insurer complaint process. If unresolved, you can complain to the financial complaints institute or bring a civil claim. A lawyer can help gather medical reports and argue your case.

How much does legal help cost and can I get subsidies?

Lawyers charge in different ways - hourly rates, fixed fees or contingency in rare cases. Many people use a rechtsbijstandverzekering (legal expenses insurance) which may cover some or all costs. Low income households may qualify for subsidized legal aid (toevoeging) from the Raad voor Rechtsbijstand. Ask a lawyer about costs and whether they offer a first short consultation for a fixed fee.

What documents should I collect before contacting a lawyer?

Gather medical reports, employer letters about sick leave and reintegration, payslips, your employment contract, any correspondence with UWV or insurers, your AOV policy documents, and notes of meetings or phone calls. Having a clear timeline and copies of decisions makes legal advice faster and more effective.

Can a trade union help me with a disability claim?

Yes - if you are a union member, unions often provide legal assistance or representation in employment and social security matters, and can help with employer negotiations and appeals. Even non-members sometimes get initial guidance from unions, but full representation may be reserved for members.

What rights do I have to my medical information?

Under the AVG you have the right to access your personal and medical data held by employers, doctors and insurers. You can request copies of medical reports used in a decision and challenge inaccuracies. Medical confidentiality still applies, but you can authorize release of reports to support appeals.

Who can I contact for free initial advice in Delft?

Free or low-cost advice is available from the Juridisch Loket, municipal social services in Delft, and sometimes from local legal aid clinics or social legal advisers. Trade unions and patient organizations may also provide guidance. Free initial advice helps you understand deadlines and whether you should engage a specialist lawyer.

Additional Resources

Consider these organizations and sources when seeking help in Delft:

- UWV - the national agency that assesses and pays WIA, Ziektewet and related benefits. For questions about assessments and appeals contact the UWV.

- Juridisch Loket - offers free basic legal information and can point you to affordable local help.

- Gemeente Delft - municipal social services and Wmo teams can help with practical support, reintegration programs and information on local services.

- Raad voor Rechtsbijstand - administers subsidized legal aid for people who qualify financially.

- Kifid - the financial services complaints institute for disputes with private insurers, if insurer-level complaints do not solve the problem.

- Nederlandse Orde van Advocaten - use the bar association to find a qualified lawyer; look for lawyers specialized in social security, labor law or insurance law.

- Trade unions and employee associations - FNV, CNV and other unions provide legal support to members in employment and benefit disputes.

- Your general practitioner and bedrijfsarts - for medical documentation and guidance related to work ability and reintegration plans.

Next Steps

If you need legal assistance with a disability insurance matter in Delft follow these practical steps:

1. Collect your documents - medical reports, employment contract, payslips, employer correspondence, UWV letters and any AOV policy papers.

2. Note deadlines - especially the usual six-week period to file an objection against UWV decisions. Acting quickly preserves your rights.

3. Get initial advice - contact Juridisch Loket or the municipal social desk in Delft for free guidance and to confirm the best route forward.

4. Check for coverage - see if you have legal expenses insurance or union membership that covers legal help. If you have low income, ask about subsidized legal aid.

5. Choose the right specialist - look for a lawyer with experience in social security law, labor law or insurance disputes. Ask about success rates, fees and whether they handle cases on a fixed fee or hourly basis.

6. Prepare your case - with your lawyer gather additional medical evidence, witness statements and employer documents. Consider independent medical opinions if appropriate.

7. Follow complaint and appeal procedures - start with insurer complaints or UWV objection procedures as required. If necessary, proceed to court or the appropriate complaint institute with legal support.

Getting legal help early and being organized with records improves your chances of a fair outcome. If you are unsure where to start, a brief call to Juridisch Loket or your trade union will usually point you to the next best step.