Disability and social security
Within employment law, incapacity for work and social security are important topics. It is crucial to clearly understand the rights and obligations of both employer and employee in cases of sickness and long-term incapacity for work. The legislation in this area is complex, with obligations arising from, among others, the Gatekeeper Improvement Act (Wet verbetering Poortwachter) and the Work and Income according to Labour Capacity Act (WIA).
Employers are obliged to make efforts for the reintegration of sick employees and may face wage penalties if they fail to do so. Employees, in turn, are entitled to a careful assessment of their situation and appropriate support in returning to work or transitioning to a benefit.
Additionally, the Unemployment Insurance Act (WW) and the Sickness Benefits Act (ZW) play an important role in incapacity for work and social security. Implementing an adequate policy to prevent Psychosocial Workload (PSA policy) is also highly important.
Our experience with incapacity for work and social security
Our specialised employment law solicitors have extensive experience in:
- Guiding reintegration programmes to prevent wage penalties and promote a return to work.
- Legal advice regarding the Gatekeeper Improvement Act, sickness absence procedures, and support with the assessment of the reintegration report (Action Plan, first-year evaluation, and occupational expert report).
- Advice in conflict situations regarding wage suspension and the use of first and second-track reintegration.
- Legal support in incapacity for work and dismissal, including mediation and negotiations.
- Overlap of illness, situational incapacity for work, and workplace disputes.
- Development of Health & Safety and PSA policy.
- Support in objection and appeal procedures at the UWV and the Central Appeals Tribunal (CRvB).
When should I consult a solicitor with expertise in incapacity for work and social security?
A specialised solicitor can assist you in various situations:
- When you, as an employer, need advice on the reintegration of a sick employee.
- In case a workplace dispute arises with a sick employee.
- If you need help with the implementation or development of Health & Safety and PSA policy.
- When you, as an employee, are (long-term) incapacitated and experience issues with your employer or the UWV.
- In case of impending wage penalties or disputes with the UWV regarding WIA or Sickness Benefits.
- When you wish to lodge an objection against a UWV decision or start an appeal procedure.
Our approach
Our employment law solicitors take a results-oriented and personalised approach:
- Introduction and analysis: we map out your situation and legal issues.
- Tailored advice: we provide practical guidance based on the latest legislation and regulations.
- Negotiation and mediation: where possible, we strive for a quick and effective solution without court intervention.
- Procedure and representation: if necessary, we represent you in objection and appeal procedures with the UWV and courts.
Why choose the employment law solicitors at Banning?
- Specialist knowledge of all relevant legislation, including the WIA, WW, ZW, and the Gatekeeper Improvement Act.
- Extensive experience in complex reintegration and absence cases.
- Considerable litigation experience in objection and appeal procedures against the UWV.
- Pragmatic and solution-focused approach, aimed at quick and efficient resolutions.
- Personal guidance, with your interests always central.
Do you need legal support in the area of incapacity for work and social security? Contact us today with our experienced employment law solicitors for expert advice!