Best Disability Insurance Lawyers in Diever

About Disability Insurance Law in Diever, Netherlands

Disability insurance in the Netherlands combines public social security and private insurance. Residents of Diever fall under national rules that apply across the country, with services delivered by the Employee Insurance Agency known as UWV and by private insurers. Employees who become ill or disabled usually start with sick leave covered by their employer, followed by an assessment for a long term disability benefit under the Work and Income according to Labor Capacity Act known as WIA. Self-employed professionals and business owners often rely on private disability insurance known as AOV to protect their income if they cannot work due to illness or injury. Young people who become disabled before building a work history may fall under Wajong.

Because Diever is part of the municipality of Westerveld in Drenthe, practical matters like reintegration support, social services, and local guidance may be coordinated with municipal services, while the substantive rules come from national legislation. Most applications, assessments, and appeals are handled digitally or through regional UWV offices that serve the Drenthe area.

Why You May Need a Lawyer

Many disability issues can be handled directly with UWV or an insurer, but legal help is often valuable in situations that are complex or contested. People seek a lawyer when a WIA application is denied or when UWV determines a disability percentage that seems too low. Others need assistance when a private AOV insurer disputes the degree of occupational disability or applies policy exclusions.

Legal counsel is helpful if there is a conflict with your employer about reintegration duties, suitable work adjustments, or workload during the first 104 weeks of illness. A lawyer can guide you when UWV imposes sanctions, when deadlines were missed, or if you need to challenge a medical or labor capacity report. For self-employed clients, a lawyer can review policy wording, waiting periods, occupational definitions, and advise on strategy if an insurer stops benefits.

Appeals within Dutch social security use strict procedures and short deadlines. A lawyer who knows social security and insurance law can prepare medical evidence, obtain expert opinions, and represent you in objection and appeal to improve your chances of a fair outcome.

Local Laws Overview

Sick leave and employer duty. Employees who become ill are entitled to continued wage payment by the employer for up to 104 weeks, usually at least 70 percent of salary, often higher in the first year under a collective agreement. During this period the employer and employee must follow the Gatekeeper Improvement Act known as Wet verbetering poortwachter. This law sets timelines and duties for medical guidance by the company doctor, a problem analysis at around 6 weeks, a plan of action around 8 weeks, regular evaluations, and cooperation with reintegration steps. Failure by either party can lead to sanctions. UWV can extend the employer wage payment duty for a third year if reintegration was not handled properly.

WIA after 104 weeks. If you are still not fully able to work after 104 weeks, UWV assesses you for WIA. There are two main routes. IVA is for people who are fully and sustainably disabled, generally 80 to 100 percent with little or no chance of recovery, and pays a higher, more stable benefit. WGA is for partial or temporary disability and has several phases. The initial wage related benefit depends on your prior earnings and insured history, followed by either a wage supplement if you earn sufficient income from work or a continued benefit if you cannot. If your assessed disability is under 35 percent, you will not receive WIA, though you may seek other support and must look for suitable work.

Assessments and caps. UWV uses an insurance physician and a labor expert to determine your medical limitations and your residual earning capacity. Benefits are calculated against a statutory maximum daily wage. Collective agreements and private insurances may offer top ups, including WGA gap coverage and WIA excess coverage.

Ziektewet safety net. People without an employer, such as temporary agency workers whose contract ended during sickness, may receive a Ziektewet benefit administered by UWV during the sickness period before any WIA assessment.

Wajong. Young people who are disabled from a young age or while studying may be eligible for Wajong, with strict medical and capacity criteria and an emphasis on work where possible.

Self-employed and AOV. There is currently no mandatory disability insurance for self-employed workers, though proposals have been discussed nationally. Many entrepreneurs in and around Diever take out a private AOV. Policies vary on the definition of disability such as own-occupation versus suitable work, the waiting period, the insured benefit amount, indexation, and exclusions. Claims involve medical assessments by the insurer and periodic reviews.

Workplace adjustments. Dutch employment law and equal treatment rules expect employers to consider reasonable workplace accommodations to facilitate return to work. Company doctors advise on functional limitations, not diagnoses, protecting medical privacy.

Objections and appeals. You can file a formal objection known as bezwaar within six weeks of a UWV decision or an insurer decision under policy terms. If you disagree with the outcome, you can appeal in court known as beroep and possibly higher appeal to the Central Appeals Tribunal. Timely filing and clear medical and vocational evidence are critical.

Frequently Asked Questions

What happens during the first 104 weeks of sickness as an employee

Your employer pays your wages within legal limits while you work with a company doctor and your employer on a reintegration plan. You must cooperate with assessments and agreed steps toward suitable work, either in your own job with adjustments or in other appropriate work. Near week 42, your employer reports your sickness to UWV, and around week 88 you can apply for WIA if recovery is still insufficient.

How does UWV decide my WIA disability percentage

An insurance physician records your functional limitations, and a labor expert compares what you can still do to suitable jobs in the labor market to estimate your theoretical earnings. The loss between your former wage and residual earning capacity determines your disability percentage. Under 35 percent means no WIA entitlement. Between 35 and 80 percent usually falls under WGA. Fully and sustainably disabled often qualifies for IVA.

Can my employer terminate my contract while I am sick

During the first 104 weeks of sickness the employer generally cannot terminate due to illness. There are exceptions, for example for business closure or disciplinary reasons unrelated to illness. After 104 weeks, dismissal may be possible if reintegration has failed and UWV has not imposed a wage sanction on the employer.

What if I disagree with the company doctor about my limitations

You can ask for a second opinion from another company doctor. If there is a reintegration dispute with your employer, you can request an expert opinion from UWV known as a deskundigenoordeel about work capability, suitable work, or whether enough has been done for reintegration.

How are private AOV claims assessed for self-employed people

Insurers look at your policy wording, medical evidence, and the definition of disability in your contract. Own-occupation policies focus on your specific professional tasks. Suitable work policies consider whether you could reasonably perform other work. Benefits start after the agreed waiting period and are paid up to the insured amount, often with periodic reassessments. You can dispute insurer decisions through the complaints process, the Financial Services Disputes Institute known as Kifid, or civil court.

What medical information does my employer receive

Your employer is entitled only to information about your functional abilities and any restrictions as provided by the company doctor, not your diagnosis or detailed medical records. Medical data is handled by the company doctor and UWV physicians under strict privacy rules.

What if UWV denies my WIA application

You have six weeks to file a written objection known as bezwaar. Include medical records, specialist letters, and a clear explanation of your limitations and daily functioning. If the objection is rejected, you can appeal to the court known as beroep and then to higher appeal if needed. A lawyer can help structure your case and obtain expert medical opinions.

Are there benefit caps or top ups

WIA benefits are calculated up to a statutory maximum daily wage, so higher earners may not receive benefits that match their full prior income. Many employers offer collective insurance that fills the WGA gap or covers income above the cap. Check your employment contract and collective agreement.

Can I work while receiving WIA

Yes. WIA encourages work to the extent possible. Under WGA, earnings may affect the type and amount of benefit, and earning enough can lead to a wage supplement that is financially advantageous. Always report earnings to UWV to avoid overpayments and penalties.

How long does the process take

The first phase is the 104 week sickness and reintegration period. The WIA application is usually submitted around week 88 and must be completed with medical and reintegration documents. UWV then issues a decision after assessments. Appeals have their own timelines. AOV claim timelines depend on the policy and insurer workload.

Additional Resources

UWV Employee Insurance Agency. Handles sick pay safety net, WIA, Wajong, assessments, expert opinions, and appeals information. You can manage many steps online or through regional offices serving Drenthe.

Het Juridisch Loket. Provides free first line legal information and guidance. They can explain your position, help draft letters, and refer you to specialized lawyers.

Raad voor Rechtsbijstand. The Legal Aid Board assesses eligibility for subsidized legal aid if your income and assets are within thresholds. Many social security lawyers accept legal aid cases.

Municipality of Westerveld. Can offer social work, debt counseling, and support with participation and workplace accommodations through local schemes and Wmo client support.

Trade unions such as FNV and CNV. Members can access legal help and support in employment and social security matters.

Kifid. The Financial Services Disputes Institute handles complaints about private insurers, including AOV disputes, as an alternative to court.

Patient and disability advocacy groups such as Iederin and MEE. They offer practical support, peer networks, and information about rights and accommodations.

Certified insurance advisers and brokers. Independent advisers can explain AOV options, policy terms, and claims strategies for entrepreneurs.

Next Steps

Document your situation. Keep a dated record of symptoms, functional limitations, company doctor advice, reintegration steps, and communications with your employer, UWV, or insurer. Collect medical letters, test results, and pharmacy overviews.

Mind the deadlines. Put the six week objection term for any UWV or insurer decision on your calendar. Missing a deadline can harm your case.

Request expert support early. If there is a reintegration disagreement, consider asking UWV for an expert opinion. For medical disputes, discuss a second opinion with your company doctor or treating specialist.

Check your contracts and coverage. Review your employment contract, collective agreement, and any group disability insurance. If you are self-employed, review your AOV policy for definitions, exclusions, and waiting periods.

Consult a specialist lawyer. Look for a lawyer experienced in social security and insurance law. Ask about experience with WIA appeals or AOV disputes, expected costs, and eligibility for legal aid. Bring your documents to an intake meeting.

Coordinate with local support. Contact Het Juridisch Loket for initial guidance, and speak with municipal services in Westerveld about practical support. Trade union members should contact their union service desk.

Stay engaged with reintegration. Continue to follow medical advice and reasonable reintegration steps. Working within your limits can support your legal position and improve financial outcomes under WIA.

This guide provides general information for people in Diever and is not a substitute for tailored legal advice. If you face a decision or dispute, seek professional help promptly.