Incapacity for work due to injury

Injury and (partial) disability

Not every accident leads to full disability. Many people can resume part of their work over time, but far from everything. You might still be able to do administrative work, but no longer lift, climb, or work long days. Or you might only manage a few hours before pain or fatigue forces you to stop. This is called partial disability, and this form also entitles you to compensation.

Whether your incapacity for work is the result of a workplace accident, a traffic accident , or another cause for which someone is liable: if you are unable to work, or can only work less, due to the actions of another, you suffer damage. And that damage should not be left to you. The liable party must place you in the position you would have been in without the accident.

Temporary or permanent?

Sometimes it is clear that you will recover and can return to work after a few months. In other cases, limitations remain that change your life forever. It is important to take both situations seriously. Temporary absence also costs you money: missed overtime, a missed promotion, or the loss of a temporary contract that would otherwise have been extended. We carefully map out your situation, without overlooking anything.

Many victims underestimate the profound impact the consequences can have in the beginning. In the first few weeks following an accident, the focus is understandably on recovery and the hope that everything will turn out alright. However, disability can also manifest later, for example, when symptoms become chronic or when it becomes apparent that you cannot fully resume your previous position. Therefore, it is wise not to settle your claim too early. A hasty settlement may mean that you can no longer claim damages arising later, which are precisely the most significant.

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Loss of earning capacity — your biggest financial loss

When it comes to personal injury, most people think of direct costs: the hospital, physiotherapy, and the personal contribution. These costs are taken into account, but there is often a much larger item of damage that is overlooked: loss of earning capacity. This is future income loss, and in many cases, it is by far the largest item.

Loss of earning capacity concerns the difference between what you could have earned without the accident and what you can still earn now. It is not just about your current salary. Consider also the career you could have built, the salary increases you would have achieved, the pension you would have accrued, and the bonuses or overtime that are now lost. For someone who is still young, this loss can accumulate over decades.

Abstract calculation of damages

In cases of loss of earning capacity, a so-called abstract damage calculation performed. This considers not only your actual situation today, but also your earning capacity: what could you reasonably have earned if the accident had not occurred? Two scenarios are compared. The difference between these two, spread over the years until your retirement, forms the basis for the compensation of your loss of income.

This is precisely the area where many victims are shortchanged. An insurer prefers to look at the short term and downplays the future. We do the opposite: we look ahead and ensure that even damage you won't feel for years to come is taken into account now.

What all counts?

When calculating your loss of earning capacity, we look at much more than just your monthly salary. Consider the following items that are often overlooked:

• Holiday allowance, year-end bonus, and a potential thirteenth month.
• Structural overtime and irregular working hours allowances that are being eliminated.
• Bonuses, profit sharing and other variable remuneration.
• Pension accrual that turns out lower because you work less or no longer work.
• Career advancement opportunities and salary increases you would have achieved without the accident.

Precisely because the loss of earning capacity extends over a long period, small annual differences can eventually add up to a substantial amount. A careful calculation that takes into account your entire career up to retirement is therefore of great importance. We leave no item untouched.

Reintegration and your employer

If you are employed, your employer plays an important role. In the event of incapacity for work, the Gatekeeper Improvement Act applies: you and your employer are jointly responsible for your reintegration. This means that a plan is drawn up to get you back to work, where possible, potentially in adapted or different work.

Reintegration is positive in itself: returning to work can be good for your recovery and your sense of self-worth. However, it must never come at the expense of your health, and it must not reduce your compensation in a way that is unfair. Sometimes pressure is exerted to work faster or more than is responsible. It is important that the agreements regarding reintegration are appropriate for your medical limitations.

We think along with you

• We ensure that reintegration aligns with what you are medically capable of handling.
• We ensure that any residual damage after reintegration is still compensated.
• We ensure that agreements with your employer and insurer are in your best interest.

This is how we prevent a well-intentioned reintegration process from unintentionally undermining your rights. You don't have to figure this out alone; we know the rules and keep a close eye on the balance between recovery and your compensation.

It sometimes happens that, over time, an employer pushes for a different position, fewer hours, or even termination of your employment. This can result in additional loss of income on top of what you have already lost due to the accident. We take these consequences into account as well. It is important that the liable party remains responsible for the damage resulting from the accident, even if that damage manifests through your employer or a change in your employment relationship. We ensure that cause and effect remain clearly linked, so that you do not fall between the cracks.

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Overlap with UWV, WIA and benefits

In the event of long-term incapacity for work, you often come into contact with the UWV. During the first year or the first two years of illness, your salary usually continues or you receive a benefit under the Sickness Benefits Act. After that, you may be eligible for a WIA benefit. These benefits and your personal injury compensation exist alongside each other, but they do influence one another.

This has to do with offsetting. You are entitled to compensation for the damage you actually suffer. If you are already receiving part of your lost income reimbursed by the UWV, that part may not be paid out twice. Therefore, benefits under the Sickness Benefits Act or the Work and Income Act are taken into account when calculating your loss of income. It revolves around your net loss: the difference between what you could have earned and what you currently receive in total, including benefits.

Why this must be done carefully

The interplay between benefits and compensation is complex. Incorrect calculations can cost you a lot of money. An insurer will be keen to offset benefits as broadly as possible, leaving little compensation remaining. We critically review every offset and ensure that only what is actually and justifiably allowed to be deducted is taken. This way, you keep what you are entitled to.

In addition, we consider the whole picture with you. A WIA assessment can have major consequences for your income, and the outcome is not always straightforward. It is wise to view the compensation scheme and your benefit situation in conjunction, so that decisions in one area do not unexpectedly disadvantage you in the other. We monitor both tracks and ensure that your loss of income is determined fairly, regardless of how the benefits turn out. This prevents a complex calculation from being wrongly interpreted to your disadvantage.

What if you are freelancer or an entrepreneur?

A persistent misconception is that only salaried employees are entitled to compensation for loss of income. That is incorrect. Even if you self-employed, a freelancer, or an entrepreneur , you are entitled to compensation if you are unable to work, or can only work less, due to injury. In fact, for entrepreneurs, the damage is often substantial and complex.

As a self-employed professional, you lose revenue, miss out on assignments, and may have to disappoint clients who leave for the competition. Sometimes you have to hire staff to take over the work, or you see your business decline in value because you are the central figure. All these forms of damage may be eligible for compensation.

Evidence and substantiation

For entrepreneurs, substantiation is of particular importance. We examine your annual figures, revenue development, current and expected assignments, and the forecast for your business prior to the accident. If necessary, we engage an actuary to accurately assess your lost profit and revenue. Precisely because self-employed professionals do not have a fixed salary, a thorough approach makes the difference between meager and fair compensation.

We also take the duty to mitigate damages into account. As a self-employed professional, you are sometimes expected to take reasonable measures to limit your losses, for example by temporarily outsourcing work. However, the costs you incur for this should not remain with you: these also fall under the damages that the liable party must compensate. We ensure that you do not fall into the trap where you first invest yourself to keep your business afloat and subsequently do not recover those costs. Your entrepreneurship must not be used against you.

We calculate your full loss of income

Accurately calculating loss of income is specialist work. It involves assumptions about the future, discount rates, career progression, and the interaction with benefits. Therefore, where necessary, we collaborate with experts specializing in this area.

• An occupational expert assesses what you can and cannot still do on the labor market.
• an actuary calculates your total damages up to your retirement.
• A medical advisor identifies your limitations and the consequences for your capacity to work.

An important point: a final medical assessment is usually required for a definitive calculation . This is the moment when it becomes clear that your situation will no longer substantially improve or worsen. Only then can the permanent damage be reliably determined. Until that time, we can already request advances so that you do not run into financial difficulties while you are still recovering.

For some victims, it feels uncomfortable to talk about money while they are still fully engaged in their recovery. We understand that completely. However, it is precisely important to secure your financial future in a timely manner. Fair compensation for your loss of income provides peace of mind and space: space to recover without the constant worry about bills, your mortgage, or your family's livelihood. We take that burden off your shoulders. Do you have any questions about how this applies to your situation? Then check our frequently asked questions or simply contact us without obligation.

Worry-free, no bill

We are affiliated with the NIVRE, the NKL, and De Letselschade Raad. Our assistance is completely free of charge pursuant to Article 6:96 of the Dutch Civil Code: the liable party pays our costs, you keep 100% of your compensation, and you will never receive a bill. Curious about how we work? Read more about our approach or schedule a no-obligation appointment. We will call you back the same working day and, if desired, come to your home, wherever you live in the Netherlands. You are stronger than you think.