Best Workers Compensation Lawyers in Delft

About Workers Compensation Law in Delft, Netherlands

Workers compensation in the Netherlands is not a single insurance system like in some other countries. It is a mixture of employer obligations, social-insurance schemes and statutory protections designed to support employees who are injured or fall ill because of work. In Delft the same national rules apply as elsewhere in the Netherlands. Key features are employer wage-continuation for sickness, statutory reintegration duties for employer and employee, administrative benefit schemes managed by UWV and long-term disability benefits under the WIA. Occupational safety and prevention are regulated separately under the Arbowet and enforced by the national labour inspectorate.

Why You May Need a Lawyer

You may want legal help if there is a dispute about whether your illness or injury is work-related, about payment of wages during sickness, or about entitlements to benefits after long-term disability. Lawyers can also help when employers do not meet their reintegration duties, when a UWV decision about WIA or a wage sanction is unfavorable, or when you face dismissal linked to sickness or disability.

Common situations where legal assistance is useful include:

- Employer refuses to continue wage payments or stops payments prematurely.

- A WIA application is denied or the UWV decision seems incorrect.

- Disagreements about reintegration plans or an employer not following the Gatekeeper rules - Wet verbetering poortwachter.

- Your condition is an occupational disease and the employer or insurer refuses liability.

- You face dismissal while sick or shortly after a period of illness and want to challenge it.

Local Laws Overview

The most relevant legal frameworks that apply in Delft are national laws and regulations. Key points to know:

- Employer wage-continuation: Under the Dutch Civil Code the employer must continue to pay an employee who is ill for up to 104 weeks. The statutory minimum is generally 70% of the last earned wage, and collective agreements or contracts may require a higher level.

- Wet verbetering poortwachter - Gatekeeper duties: Both employer and employee must cooperate in reintegration. This includes timely reporting, drawing up a reintegration plan, regular meetings with the occupational-health physician or arbodienst and documented efforts to find suitable work. Failure to comply can lead to a loonsanctie - an additional payment obligation imposed by UWV.

- WIA - Work and Income according to Labour Capacity Act: After the 104-week period UWV assesses whether you qualify for a WIA benefit. WIA has different outcomes depending on the degree of disability and prospect of recovery.

- Ziektewet - Sickness Benefits: There are special arrangements for certain groups - for example temporary workers or employees without an employer to pay - that may be covered under the Sickness Benefits Act.

- Arbowet - Occupational Health and Safety Act: Employers must take preventive measures and report certain serious incidents. The national Inspectorate SZW supervises safety and reporting obligations.

- Administrative and court procedures: Decisions by UWV typically follow administrative law processes, including the right to objection and appeal. Labour-court (kantonrechter) cases handle many employer-employee disputes involving wages, dismissal and damages.

Frequently Asked Questions

What should I do immediately after a workplace accident or work-related illness?

Seek medical attention if needed, inform your employer as soon as possible, and request that the incident is recorded with the employer and the company occupational-health service or arbodienst. Keep copies of medical reports, sick notes, incident reports and any witness details.

How long must my employer continue to pay my wages while I am ill?

Generally the employer must continue to pay wages for up to 104 weeks. The statutory minimum payment is usually 70% of your last earned salary. Collective labour agreements or your contract may give you more favourable terms. If your employer stops payments without lawful reason you can challenge this.

What is the Gatekeeper duty and why does it matter?

The Gatekeeper duty means both employer and employee must cooperate in reintegration - making and following a reintegration plan, consulting the occupational-health professional and actively seeking suitable work. If the employer fails to follow the process UWV can impose a wage sanction, and if you do not cooperate you may risk reduced benefits.

What happens after 104 weeks of sickness?

After about 104 weeks UWV assesses your work capacity for WIA benefits. They look at your ability to perform work and potential income from available work. The outcome can be a WIA benefit, no benefit if you are judged fit for work, or other support measures. If you disagree with UWV you can file an objection and appeal.

Can I be dismissed while I am sick?

Dismissing an employee who is sick is possible but strictly controlled. The employer must still meet reintegration obligations and in many cases must obtain permission from UWV or follow judicial procedures. A dismissal linked to sickness that does not respect legal obligations can be unlawful and subject to challenge.

What if my employer says my condition is not work-related?

Disputes about whether an injury or illness is work-related are common. You will need medical evidence, incident reports, statements from colleagues and any occupational-health records. A lawyer or an occupational physician can help gather and present evidence to UWV, an insurer or the court.

Are there deadlines for objections and appeals?

Yes. Many administrative decisions, including UWV decisions on benefits, include strict deadlines for filing objections and appeals. These deadlines are typically short - often a few weeks. Always check the decision letter for the exact deadline and act promptly if you intend to contest a decision.

Can I get legal aid or low-cost help?

Yes. If your income and assets are below national thresholds you may qualify for subsidised legal aid through the national legal-aid system. Trade unions commonly provide legal assistance to their members. There are also free or low-cost local services such as Juridisch Loket and student legal clinics that can provide initial guidance.

What evidence is important in a workers compensation or occupational disease case?

Important documents include medical records and reports, sick notes, employer incident reports, correspondence with the employer and UWV, pay slips, your employment contract, reintegration plans and reports from the arbodienst or bedrijfsarts. Keep organized copies and a timeline of events.

Do I need a lawyer to apply for WIA or to contest a UWV decision?

You do not always need a lawyer to apply for WIA, but many people use one for complex cases or appeals. Lawyers and specialised advisers can help when medical evidence is disputed, when reintegration obligations were not met, or when you need to prepare an objection or appeal. Trade unions and legal-advice organisations can provide support as well.

Additional Resources

These organisations and types of support can be helpful when you need legal advice or assistance in Delft:

- UWV (Employee Insurance Agency) - handles WIA assessments, sickness benefits and related administrative matters.

- Inspectie SZW - national labour inspectorate that enforces health and safety laws and reporting obligations.

- Juridisch Loket - a national service offering free first-line legal information and guidance.

- Trade unions such as FNV and CNV - unions often provide legal assistance for members in workplace compensation matters.

- Raad voor Rechtsbijstand - for information about eligibility for subsidised legal aid.

- Company occupational-health service - your bedrijfsarts or arbodienst will have key medical and reintegration records.

- Nederlands Centrum voor Beroepsziekten or occupational disease specialists - for complex disease recognition and documentation.

- Local municipal social services and Rechtswinkel or student legal clinics in Delft - for local, low-cost support.

Next Steps

If you need legal assistance with a workers compensation matter in Delft follow these practical steps:

- Report the incident or illness to your employer immediately and request an official record. Follow medical advice and keep all medical documentation.

- Request and keep copies of reintegration plans, bedrijfsarts reports and any correspondence between you and your employer or arbodienst.

- Check any decision letters from UWV for objection deadlines and act quickly if you intend to contest a decision.

- Contact your trade union if you are a member - they may provide advice and legal support.

- If you cannot afford a private lawyer, contact Juridisch Loket or inquire about subsidised legal aid through the Raad voor Rechtsbijstand.

- If you consider hiring a lawyer, choose one experienced in Dutch labour, social-insurance and occupational-disease law. Prepare a clear file of documents and a timeline to make the initial consultation effective.

- Consider early mediation or negotiation if your case involves a dispute with your employer - it can save time and preserve employment prospects.

- Keep copies of everything, maintain a clear timeline of events and follow up in writing on key conversations and meetings. Administrative procedures and appeals are time-sensitive - do not delay.

Getting advice early helps protect your rights and increases the chance of a fair outcome. If you are unsure where to start, a brief consultation with a legal adviser, union representative or Juridisch Loket can point you to the correct next step.