Benefit Offset in Personal Injury Cases in Rijswijk

Benefit Offset in Personal Injury Cases in Rijswijk

Benefit offset in personal injury cases means that payments from social insurance or other compensations are deducted from the claim against the liable party. This ensures that Rijswijk residents do not benefit twice from, for example, loss of income after an accident. In Dutch personal injury law, which also applies at the Rijswijk District Court, this prevents unjust enrichment and ensures fair compensation.

What does benefit offset mean for Rijswijk residents?

In personal injury cases in Rijswijk, such as a slip on an icy sidewalk in Simeonshaven or a cycling accident on Prinses Beatrixlaan, your financial situation after the incident remains the same as before. You can claim compensation from the responsible party, but benefits such as ZW, WW or WIA from the UWV are offset. This way, you do not receive money twice for the same loss.

This follows the principle of 'restitutio in integrum': full restoration of damage without extra profit. Without this offset, an accident would be financially advantageous, which is not in line with the law.

Legal rules on benefit offset

The foundation lies in the Civil Code (BW), Book 6, as applied by the Rijswijk District Court:

• Article 6:100 BW: Compensation undoes the harm, including all benefits.
• Article 6:107 BW: Third-party contributions, such as UWV benefits, are included in the damage calculation.
• Article 6:108 BW: Non-pecuniary damage (pain and suffering award) is usually exempt from this offset.

Specific laws further regulate benefits:

• Sickness Benefits Act (ZW), art. 38: UWV benefits are offset.
• WIA, art. 59: UWV recovers from the liable party.
• Health Insurance Act (Zvw), art. 47: Healthcare costs are reclaimed.

The Supreme Court (ECLI:NL:HR:2004:AO2175) ruled that this is mandatory for pecuniary damage, but not for pain and suffering awards.

Benefit offset in Rijswijk practice

Example: After a car accident on Godfried Bomanslaan in Rijswijk, you lose €3,000 net income per month. With €2,000 WIA from UWV, the liable party pays an extra €1,000. The UWV recovers this. Your income remains the same.

In complex cases, such as deductibles, an expert prepares a precise calculation. Pain and suffering awards (€10,000-€50,000 for whiplash) remain untouched.

Table: Which benefits in Rijswijk?

Rights and obligations for Rijswijk residents

Rights:

• Full net compensation minus benefits received.
• No offset for non-pecuniary injuries.
• Recover via insurer if liable party does not pay; litigate at Rijswijk District Court.

Obligations:

1. Report all benefits to your advisor and UWV.
2. Share financial details for accurate calculation.
3. Consult Rijswijk Legal Aid Office for free assistance with settlements.

Also read about personal injury and social security.

Case law examples relevant to Rijswijk

Example 1: Ms. De Boer from Rijswijk is 80% disabled after colliding with a truck on Laan van Hoorn. WIA €1,800, wage loss €2,200: offset to €400 net, UWV recovers the rest.

Example 2: Mr. Van Dijk receives €25,000 pain and suffering award for PTSD; WW offset only on wages.

Example 3: Survivor's pension (ANW) upon death is offset against inheritance damage.

Frequently asked questions for Rijswijk