Best Disability Lawyers in Arlesheim

About Disability Law in Arlesheim, Switzerland

Disability matters in Arlesheim are primarily governed by Swiss federal social insurance law, complemented by cantonal and municipal rules in Basel-Landschaft. The cornerstone is Swiss Disability Insurance, known as IV in German and AI in French. It provides early detection, rehabilitation, integration support, assistive devices, and disability pensions when health conditions cause a lasting reduction in earning capacity. Related systems include occupational pensions for disability under BVG, accident insurance under UVG for accident-related impairments, supplementary benefits known as EL when income is insufficient, and social assistance at the cantonal or communal level. Equality and accessibility are addressed by the Federal Act on the Elimination of Discrimination against People with Disabilities, with local building and transport regulations implementing accessibility standards. In Arlesheim, people typically interact with the IV office of Basel-Landschaft and local municipal social services.

Why You May Need a Lawyer

A lawyer can help you understand eligibility, prepare evidence, and protect your rights. Common situations include disputes over IV eligibility, degree of disability, or pension reduction or termination. Legal support is helpful when coordinating benefits between IV, accident insurance, and occupational pensions, or when seeking supplementary benefits. In employment issues, a lawyer can advise on sick pay, protection from termination during illness, potential workplace adjustments, and settlement of disputes. Legal help is also valuable for accessibility claims under equality law, housing adaptations, education placements for children with special needs, representation in adult protection measures, and appeals against administrative decisions within strict deadlines. If you receive a negative decision or face delays, an experienced lawyer can guide you through objections, appeals, and medical assessments.

Local Laws Overview

Swiss Disability Insurance is federal and applies in Arlesheim. You can notify the insurance for early detection when a health problem threatens your job. Early intervention measures may include job coaching, workplace adjustments, or retraining. If work capacity remains reduced, IV assesses the degree of disability. Pensions are granted when the disability reaches statutory thresholds, typically quarter, half, three-quarter, or full pensions starting at around 40 percent disability. IV can also fund assistive devices, personal assistance contributions for independent living, and helplessness allowances for daily living support. Decisions can be revised if your condition changes.

Occupational pensions under BVG provide disability benefits when conditions are met. If the impairment is due to an accident or an occupational disease, accident insurance under UVG may cover treatment, daily allowances, and disability pensions. Supplementary benefits known as EL can be granted if your IV or retirement income does not cover recognized living costs. If you do not qualify for insurance benefits or still have unmet needs, the canton or municipality may provide social assistance after assessing your situation.

Equality and accessibility are governed by federal equality law, which aims to remove discrimination and improve access to public buildings, transport, and services. Cantonal building and transport regulations in Basel-Landschaft implement accessibility requirements for new constructions and significant renovations. In schools, special needs education and integration support are organized by the canton under intercantonal agreements, with local services coordinating assessments and measures.

Employment relationships are governed by the Swiss Code of Obligations and labor laws. Employers owe a duty of care and must pay salary during short-term illness within legal or contractual limits. Many employers have daily sickness benefit insurance that can extend payments. Termination is restricted during protected illness periods after probation, and dismissals may be abusive if they violate good faith, but there is no blanket prohibition on disability-based termination in the private sector. Data protection rules apply to medical information. Local procedures and services in Basel-Landschaft include the IV office, the social insurance institution handling AHV, IV, and EL, municipal social services in Arlesheim, and cantonal courts for social insurance disputes. Most appeals have 30-day time limits.

Frequently Asked Questions

How do I apply for Swiss Disability Insurance benefits?

You file an application with the IV office of Basel-Landschaft. You can also submit a short early detection notification if your job is at risk due to health issues. Provide medical reports, employment records, and details about your daily limitations. The office will request further documents and may arrange medical or vocational assessments.

What does IV look at when deciding on a pension?

IV evaluates your functional capacity and how your health condition affects earning ability in a suitable job. For employed persons, the degree of disability is based on a comparison between income without disability and income that could reasonably be earned with disability. For non-employed persons, a task comparison is used. Pensions are graded, typically starting at around 40 percent disability.

Can I work while receiving an IV pension?

Yes. IV encourages work and can combine integration measures with partial pensions. Your pension may be adjusted if your earning capacity changes. You must report changes in health, employment, or income to the IV office promptly.

What if my application is denied or my pension is reduced?

Read the decision letter and note the deadline, usually 30 days. You can file an appeal with the competent cantonal social insurance court. A lawyer can help develop legal arguments, obtain expert opinions, and ensure procedural rules are followed. If you receive a preliminary notice, you can submit a written response before a formal decision is issued.

What is the difference between IV and EL?

IV is the disability insurance that provides rehabilitation, devices, and pensions based on loss of earning capacity. EL are supplementary benefits that top up income when recognized expenses exceed income. You apply for EL separately, often through the cantonal social insurance institution, and you must report assets and income.

How do accident insurance and occupational pension benefits interact with IV?

If your disability stems from an accident or occupational disease, accident insurance may pay treatment, daily allowances, and pensions. Occupational pensions under BVG provide disability benefits alongside IV. Benefits are coordinated, and offsets may apply so that total benefits do not exceed statutory limits.

Are there benefits for daily living support or personal assistance?

Yes. IV can grant helplessness allowances when you need help with daily activities. There is also a personal assistance contribution to support independent living at home, subject to eligibility and planning requirements. Cantonal or municipal services may complement these supports.

What protections exist at work if I become ill or disabled?

Employers owe a duty of care and must continue salary during short-term illness according to law or contract. Many workplaces have sickness benefit insurance that extends payments. After probation, there are periods during which termination is barred while you are incapacitated by illness. Dismissals may be abusive in some circumstances, and you can seek compensation. Reasonable adjustments may be discussed case by case.

How are accessibility and discrimination handled locally?

The federal equality law seeks to remove discrimination and improve access to public services, transport, and buildings open to the public. Basel-Landschaft implements building and transport accessibility rules through its regulations. You can raise issues with the relevant authority or bring legal action depending on the setting and your standing. Deadlines can be short, so seek advice quickly.

Can non-Swiss residents receive disability benefits?

Eligibility depends on residence, insurance coverage, and international agreements. People who are insured under Swiss social insurance and meet contribution or residence requirements may qualify. Cross-border situations within EU or EFTA are coordinated. Always provide documentation of residence, employment history, and insurance coverage.

Additional Resources

IV office Basel-Landschaft for disability insurance applications, assessments, and integration measures.

Social insurance institution of Basel-Landschaft for AHV, IV, and EL administration.

Municipal social services of Arlesheim for local social assistance, housing support, and coordination with cantonal services.

Cantonal court for social insurance law in Basel-Landschaft for appeals against IV and related decisions.

Pro Infirmis regional office for counseling, social work support, and accessibility advice.

Procap and Inclusion Handicap for advocacy and legal information for persons with disabilities.

Federal Office for the Equality of Persons with Disabilities for information on accessibility and equality policies.

School psychological and special education services in Basel-Landschaft for children and youth with special needs.

Accident insurer such as Suva or your companys accident insurer for accident-related disability benefits.

KESB Basel-Landschaft for adult protection and assistance measures when decision-making support is needed.

Next Steps

Document your situation. Collect medical reports, diagnoses, treatment summaries, a list of medications, job descriptions, pay slips, and any workplace correspondence. Keep a diary of symptoms and work limitations.

Notify IV early. If your job is at risk, file an early detection notification and request early intervention. If your capacity is durably reduced, submit a full IV application.

Coordinate benefits. Clarify whether your case involves accident insurance, occupational pension disability coverage, or supplementary benefits. Apply for EL if your income is insufficient to cover essential costs.

Act within deadlines. Most objections or appeals must be filed within 30 days. If you receive a preliminary notice, respond on time and with supporting evidence.

Seek legal advice. Contact a lawyer experienced in Swiss social insurance and disability law in Basel-Landschaft. Ask about options for legal aid known as unentgeltliche Rechtspflege if you have low income and your case has merit, or check any legal expenses insurance you may hold.

Discuss work solutions. Explore reasonable workplace adjustments, gradual return to work, or vocational rehabilitation measures with your employer and the IV office.

Plan supports. Ask about assistive devices, personal assistance contributions, and helplessness allowances. Speak with local social services in Arlesheim for complementary support.

Follow up and update. Inform authorities promptly about changes in health, work status, or income. Keep copies of all submissions and decisions for your records.