Best Workers Compensation Lawyers in Ommen

About Workers Compensation Law in Ommen, Netherlands

In the Netherlands there is no separate workers compensation insurance system like in some other countries. If you are injured at work or develop an occupational disease in Ommen you are protected by a combination of national employment law, social security, health insurance, and employer liability rules. The same national framework applies everywhere in the Netherlands, including Ommen.

Key pillars are wage continuation during sickness, mandatory occupational health and reintegration support, possible social security benefits if you remain partially or fully incapacitated, and civil liability of the employer if unsafe working conditions caused your injury. Medical treatment is covered by your mandatory health insurance. Financial support can come from your employer, the social security agency UWV, and in some cases from the employer’s liability insurer if negligence is established.

In practice this means your employer usually continues to pay at least 70 percent of your wages for up to 104 weeks while you and your employer follow a structured return to work plan under the Gatekeeper Improvement Act. If after about two years you are still limited in your capacity to work you may qualify for WIA benefits. If your injury or disease resulted from shortcomings in workplace safety you can also claim damages from your employer under the Dutch Civil Code.

Why You May Need a Lawyer

Many cases resolve through standard procedures with your employer, the company doctor, and UWV. Legal help becomes important when there is a dispute about rights, obligations, or compensation. Common situations include disagreements over wage continuation, the suitability of light duty or reintegration steps, the accuracy of medical work limitations as recorded by the company doctor, and UWV decisions about WIA entitlement or degree of disability.

You may also need a lawyer if you suffered a serious accident and want to pursue an employer liability claim for additional damages like pain and suffering, loss of earnings beyond wage continuation, home care, and future costs. A lawyer can help gather evidence, engage with the employer’s insurer, and negotiate a settlement. Other frequent issues include termination while on sick leave, sanctions for alleged non cooperation with reintegration, accidents during business travel or commuting in a company vehicle, cross border employment questions, and situations involving temporary agency workers or on call contracts.

If you are self employed you are not covered by employer wage continuation or WIA in the same way. A lawyer can advise on private disability insurance, liability of contracting parties, and possible claims against third parties who caused the accident.

Local Laws Overview

Wage continuation and reintegration. Employers must continue to pay at least 70 percent of wages for up to 104 weeks of sickness under article 7:629 of the Dutch Civil Code. Many collective labor agreements provide higher percentages in the first year. Both employer and employee have reintegration duties under the Gatekeeper Improvement Act. Within six weeks the company doctor prepares a problem analysis. By eight weeks you and your employer create a plan of action. There is a first year evaluation and a final evaluation before week 104. If the employer did too little, UWV can impose a wage sanction that extends the pay obligation. If the employee does not cooperate, the employer can suspend or stop wage payment.

Occupational health. Employers must engage an occupational health service or company doctor. The company doctor assesses your work limitations and advises on safe return to work. Medical privacy rules apply. Your employer may only receive functional limitations, not diagnoses.

Employer duty of care and liability. Under article 7:658 of the Dutch Civil Code the employer must ensure a safe workplace, provide proper instructions and equipment, and supervise compliance. If an employee is injured in the course of work, the employer is liable for the damage unless the employer shows it fulfilled its duty of care or the damage was due to the employee’s intent or deliberate recklessness. Separate case law under article 7:611 requires employers to provide adequate insurance for traffic risks when employees must participate in traffic for work.

Social security after two years. If you remain ill after about 104 weeks you can apply for WIA benefits. WGA applies to 35 percent to 80 percent disability or to temporary full disability. IVA applies to 80 percent to 100 percent durable disability. If your disability is less than 35 percent, there is no WIA benefit and you are expected to work, possibly with support. UWV assesses your residual earning capacity based on medical and labor expert evaluations. Certain categories such as some temporary workers and those whose contracts end during sickness may receive Ziektewet sickness benefits from UWV earlier.

Accident reporting and oversight. Serious workplace accidents that result in death, hospitalization, or likely permanent injury must be reported by the employer to the Netherlands Labour Authority. The authority can investigate and impose sanctions.

Limitation periods. For an employer liability claim the general limitation period is five years from the day after you became aware of the damage and the liable party, with a long stop of 20 years from the event. UWV decisions must usually be challenged within six weeks through objection and appeal.

Frequently Asked Questions

What should I do immediately after a workplace accident in Ommen

Get medical attention and ensure the incident is recorded by your employer. Report the accident according to company procedures as soon as possible and ask for a written accident report. If the accident is serious your employer must notify the Netherlands Labour Authority. Keep copies of medical notes, photos of the scene, witness details, and receipts for costs. Notify your own health insurer for medical treatment and inform the company doctor when scheduling the first consultation.

Who pays my wages while I am off sick due to a work injury

Your employer typically pays at least 70 percent of your wages for up to 104 weeks. Many collective agreements increase this in the first year. If your contract ends during sickness or you are a temporary or on call worker without continued wage entitlement, UWV may pay Ziektewet benefits instead.

Are my medical bills covered

Medical care is covered by your mandatory health insurance, subject to the usual deductible. If your employer is liable for the accident you can claim unreimbursed costs and other damages from the employer or its insurer. Rehabilitation or workplace adjustments are part of reintegration duties and should be arranged with your employer and the company doctor.

Do I need to prove my employer was at fault to receive wage continuation

No. Wage continuation during sickness is a statutory right and does not depend on fault. Fault matters if you pursue an additional civil claim for damages against your employer. In such a claim you must show the injury occurred during work, then the burden shifts to the employer to prove it met its duty of care or that intent or deliberate recklessness applies.

How are occupational diseases handled

Report symptoms to the company doctor. The doctor assesses work relatedness and may report the condition anonymously to the Netherlands Center for Occupational Diseases for surveillance. Recognition as an occupational disease does not automatically create extra statutory compensation, but it can support an employer liability claim and inform reintegration measures. In specific situations there may be sectoral funds or arrangements.

What are the key milestones in the first two years of sickness

Week 1 report sick to your employer. By week 6 the company doctor issues a problem analysis. By week 8 you and your employer create a plan of action. Around the first year there is an evaluation. In week 42 the employer reports long term sickness to UWV. Around week 88 you apply for WIA if recovery is uncertain. Before week 104 there is a final evaluation and UWV assesses reintegration efforts and WIA entitlement.

Can I be dismissed while on sick leave

There is a dismissal ban during the first 104 weeks of sickness. Exceptions are rare, such as summary dismissal for urgent cause or closure of the business with permission. After 104 weeks termination may occur if continued employment is not feasible, subject to legal requirements and often a transition payment. Always seek legal advice before agreeing to termination during sickness.

What if UWV denies my WIA claim or I disagree with the disability percentage

You can file an objection with UWV, usually within six weeks of the decision. If the objection is rejected you can appeal to the court. Medical and vocational evidence is crucial. A lawyer can help obtain an independent medical opinion and challenge the assessment.

What if the accident was partly my fault

For employer liability, ordinary carelessness by the employee usually does not defeat the claim. The employer remains liable unless it proves full compliance with its duty of care or intent or deliberate recklessness by the employee. In traffic situations during work, case law may require the employer to have adequate insurance regardless of fault.

How long do I have to start a civil claim against my employer

Generally you have five years from the day you became aware of the damage and the liable party, with a maximum of 20 years from the accident. Do not wait. Evidence is easier to secure early, and negotiations with insurers can take time.

Additional Resources

UWV the Employee Insurance Agency. Handles Ziektewet and WIA assessments, objections, and reintegration sanctions. You can contact UWV by phone, at service points, or through its online portals.

Nederlandse Arbeidsinspectie the Netherlands Labour Authority. Receives reports of serious workplace accidents and monitors compliance with health and safety law.

Juridisch Loket the Legal Help Desk. Provides free first line legal information and can assess eligibility for subsidized legal aid.

Nederlandse Orde van Advocaten the Dutch Bar Association. Helps you find licensed lawyers specialized in employment law or personal injury.

FNV and CNV trade unions. Can assist members with workplace accidents, reintegration disputes, and negotiations with employers.

Nederlands Centrum voor Beroepsziekten the Netherlands Center for Occupational Diseases. Provides guidance to occupational physicians on recognizing and reporting occupational diseases.

Slachtofferhulp Nederland Victim Support Netherlands. Offers practical and emotional support after accidents and can help organize claims.

De Letselschade Raad the Dutch Personal Injury Council. Publishes guidelines that insurers and lawyers use when calculating certain damage items.

Municipality of Ommen and local occupational health services. Can provide information on local support, accessibility measures, and approved company doctors.

Next Steps

Prioritize your health. Seek medical care immediately and follow treatment advice. Inform your employer and schedule the first consultation with the company doctor. Keep a diary of symptoms, limitations, and reintegration steps.

Document everything. Save the accident report, emails, photos, witness names, and all receipts. Ask for written confirmations of company doctor advice and reintegration plans.

Understand your rights and duties. Review your employment contract and collective agreement to see what wage continuation percentage applies. Cooperate with reasonable reintegration steps and communicate promptly if something is medically impossible.

Check whether the accident must be reported to the Labour Authority. If the incident was serious remind your employer of its reporting duty and keep a record of the notification.

Evaluate potential liability. If unsafe conditions or lack of training contributed, consider sending a formal letter holding the employer liable. A lawyer can draft this and contact the employer’s insurer.

Consider expert help early. Contact the Legal Help Desk for initial guidance and eligibility for legal aid. Speak with a union representative if you are a member. Consult a lawyer specialized in employment law or personal injury to protect your rights, preserve evidence, and plan strategy.

Mind the deadlines. Object to UWV decisions within six weeks. Diary the five year limitation period for civil claims and the 104 week mark for wage continuation and WIA milestones.

Do not sign away rights prematurely. Before accepting a settlement, signing a medical release, or agreeing to termination during sickness, obtain independent legal advice.

Aim for safe and sustainable return to work. Work with your employer and the company doctor on suitable duties or workplace adjustments. If reintegration stalls, ask for a second opinion from the occupational health service or discuss mediation.

If needed escalate. Use the UWV objection process, negotiate with the employer’s insurer, and file court proceedings when negotiations fail. A local lawyer familiar with Ommen and the Overijssel courts can guide you through each step.