Best Work Injury Lawyers in Middelburg

About Work Injury Law in Middelburg, Netherlands

This guide explains the main legal issues people face after a work-related injury in Middelburg, Netherlands. Work-injury law in the Netherlands combines employment law, social security law and civil tort law. Employers have legal duties to protect employees and to assist with reintegration after sickness. Social-insurance programs administered by the UWV provide income support for longer-term incapacity. If a workplace accident or occupational disease causes harm, an employee may have several legal routes - employer-provided sick pay, UWV benefits, and civil claims for damages. Middelburg is in the province of Zeeland and falls under the local services and courts that serve that region.

Why You May Need a Lawyer

You may need a lawyer when your situation involves contested facts, complex procedures or financial stakes that make professional help worthwhile. Common scenarios include:

- Disputes with your employer about whether the injury is work-related or about the correct level of sick pay.

- The employer is not following the legally required reintegration steps under the Gatekeeper Improvement Act - Wet verbetering poortwachter - and you risk losing benefits or employment.

- You are denied UWV benefits or receive a decision you disagree with and need to file an administrative objection or appeal.

- You want to claim damages for medical costs, loss of income, permanent impairment or pain and suffering because of employer negligence or a third party.

- Your employment is terminated while you are sick or shortly after a long-term sickness, and you need help challenging the dismissal or negotiating a settlement.

- You need help dealing with insurers, occupational health services or complex medical evidence from company doctors and independent experts.

Local Laws Overview

Key Dutch laws and local procedures relevant to work injury cases in Middelburg include:

- The Working Conditions Act - Arbowet. This sets employer obligations for workplace health and safety and for prevention of occupational risks. Employers must provide safe working conditions and take preventive measures.

- The Gatekeeper Improvement Act - Wet verbetering poortwachter. This requires both employer and employee to cooperate on reintegration when someone is ill. Employers must pay statutory sick pay for the first period of sickness and follow step-by-step reintegration planning with the company doctor and employee.

- Social insurance laws administered by the UWV. After the employer-paid sick-pay period, employees can apply for long-term disability benefits under the WIA if they remain partially or fully incapable of work. The UWV decides entitlement and benefit level.

- Civil liability rules under the Dutch Civil Code. If an employer or a third party acted negligently or breached a duty of care, an injured employee can bring a tort claim for damages in civil court.

- Dismissal protections. There are strong protections when an employee is sick. Dismissal during the initial sickness period is restricted and often requires UWV approval if based on long-term incapacity.

- Local institutions. Middelburg lies in the area covered by the Rechtbank Zeeland-West-Brabant which handles civil and employment litigation in the region. Administrative appeals against UWV decisions are handled through the administrative courts.

Frequently Asked Questions

What should I do immediately after a workplace injury?

Seek medical treatment and follow the company doctor - bedrijfsarts - advice. Report the incident to your employer as soon as possible so it is recorded. For serious accidents that cause hospitalization or death the employer must report to the Inspectorate SZW. Keep copies of medical records, witness names and any photographs of the scene.

Who pays my salary while I am sick from a work injury?

In most employment contracts and under Dutch law the employer must continue to pay a large portion of your salary for a period of time - typically up to two years. Exact amounts depend on your contract and applicable collective labour agreement - CAO. After that period you may apply to the UWV for WIA benefits if you are still unfit for work.

What is the role of the company doctor and occupational health service?

The company doctor assesses your fitness for work, advises on reintegration and helps prepare the reintegration documents required under the Gatekeeper rules. They do not act as your personal treating physician in the civil sense, but their reports can be important in benefits decisions and in legal proceedings.

Can I claim compensation if I was injured at work due to employer negligence?

Yes. If the employer or a third party was negligent or breached a duty of care, you may be able to bring a civil claim for damages. Damages can cover medical expenses, loss of earnings, loss of earning capacity and compensation for pain and suffering. You will need evidence of negligence and of the link between that negligence and your injury.

How do I apply for WIA or other UWV benefits?

Application for benefits to the UWV follows the statutory process. Typically the employer pays sick pay during the initial period and then you may apply for WIA if you remain unable to work. Decisions by the UWV can be appealed via objection processes and administrative courts. Administrative and medical documentation from the employer, company doctor and specialists will be important.

What if my employer did not follow reintegration obligations?

If your employer fails to follow the Gatekeeper procedures this can affect your rights and can lead to UWV sanctions against the employer. You can raise the issue with the company doctor, your employer and the UWV. A lawyer can help document failures, pursue remedies and, when necessary, request compensation or enforce employer obligations.

Can my employer dismiss me while I am on sick leave?

Dismissal while sick is restricted. There are special protections during the period of sickness and additional procedural requirements for dismissal linked to long-term incapacity. Employers often need UWV permission to terminate employment for long-term disability reasons. If you face dismissal while ill, seek advice promptly.

How long do I have to start a legal claim?

Limitation rules apply. For most civil claims based on a tort or breach of contract you must act within a few years of knowing about the damage and the responsible party - typically within five years. Administrative deadlines for challenging UWV decisions are shorter. Because limits vary, do not delay in seeking advice and starting paperwork.

Do I need a lawyer for an appeal against an UWV decision?

Legal representation is not required but is often helpful. Appeals against UWV decisions involve administrative procedures and medical evidence. A lawyer with experience in social-security and employment law can prepare submissions, order independent medical assessments and represent you at hearings if needed.

How much will a lawyer cost and can I get legal aid?

Costs depend on complexity and the lawyer's fee structure - hourly rates, fixed fees or contingency arrangements in some cases. If you have limited means you may qualify for subsidised legal assistance through municipal or national legal-aid schemes. Also check whether your insurance policy or union membership covers legal costs.

Additional Resources

When seeking help, consider contacting the following institutions and organisations:

- UWV - the national agency for employee insurance, which handles sickness and disability benefits.

- Inspectorate SZW - the labour inspectorate responsible for workplace safety enforcement and reporting of serious accidents.

- Company doctor - bedrijfsarts - or your occupational health service - arbodienst - for medical assessment and reintegration planning.

- NCvB - Netherlands Centre for Occupational Diseases, for information about recognised occupational diseases.

- Juridisch Loket - for free initial legal information and guidance about rights and next steps.

- Trade unions such as FNV or CNV, which provide workplace advice and legal assistance to members.

- Slachtofferhulp Nederland for support after violent workplace incidents.

- Local court - Rechtbank Zeeland-West-Brabant - for civil or employment litigation in the region.

Next Steps

1. Get immediate medical care and ensure the incident is reported to your employer and recorded in writing.

2. Keep copies of all medical reports, communications with your employer, and any official documents from the company doctor or UWV.

3. Discuss reintegration and reasonable adjustments with your employer and the company doctor. Ask for written plans and timelines required under the Gatekeeper rules.

4. If there is disagreement about cause, benefits or dismissal, contact Juridisch Loket, your union or a specialised employment or personal-injury lawyer for an initial assessment.

5. Act quickly on deadlines - administrative appeals and civil limitation periods can expire. A lawyer can help preserve evidence, advise on statutory deadlines and represent you in negotiations or court if needed.

If you need specific legal advice for a work-injury matter in Middelburg, contact a lawyer experienced in Dutch employment, social-security and personal-injury law. Prompt action improves your chances of securing the right benefits and compensation.