If illness or an accident (injury) prevents you from performing your duties in full or in part, we speak of work disability. According to the CAO transport, in this case of illness, the employer’s obligation to continue paying wages, which is at least equal to 70% of the salary, applies during the first 24 months of incapacity for work. There is often a supplement under the collective agreement or individual employment contract.
If it is established practice within a company to continue paying 100% of the salary in case of illness, there is a chance that an employee may be entitled to a higher benefit than 70% of the gross salary on the basis of the trust and established practice, even in cases where no agreements have been made about this by collective agreement or in the employment contract.
After 24 months of incapacity for work, the obligation to continue payment of wages expires and the incapacitated employee can apply for WIA benefits. A doctor and labour expert will then assess the degree of occupational disability and how much the (former) employee can still be deemed to earn on his ‘old’ salary. If an employee is deemed still able to earn 65% of the ‘old’ wage, he or she will not receive WIA benefit.
WIA is an abbreviation of the Work and Income according to Labour Capacity Act. The Uitvoeringsinstituut Werknemersverzekeringen (UWV) pays such WIA benefit. If you are still unable to work or unable to work fully after 2 years of illness, you can claim WIA benefit. You may also be entitled to this benefit if you work abroad.
The IVA benefit stands for Inkomensvoorziening Volledig Arbeidsongeschiktten. You will receive this benefit if you are unable to work or can barely work and your chances of recovery are slim. The WGA stands for Werkhervatting Gedeeltelijk Arbeidsgeschiktten (Resumption of Work Partially Disabled). You will receive this benefit if you are temporarily completely incapacitated for work or earn 35 to 80% less pay due to your illness.
Transport law lawyer Otto Lenselink is experienced in the field of labour law and he will gladly provide your transport company or freight forwarding company with advice or legal assistance on disability. Please therefore contact him without obligation.
We will contact you as soon as possible. You can reach us directly at +316-47892281, email info@transportrechtadvocaat.nl or send a Whatsapp message.
