WIA Benefit for Long-Term Work Disability in Rijswijk
The Work and Income according to Labour Capacity Act (WIA) provides a financial safety net for employees in Rijswijk and surrounding areas who, after two years of illness, are still unable to work fully. This act, which replaced the old Disability Insurance Act (WAO), includes two main schemes: the WGA and the IVA.
When Are You Entitled to a WIA Benefit?
You may qualify for a WIA benefit if:
- You have been ill for at least 104 weeks (2 years)
- You are still at least 35% work disabled
- You were employed when you became ill
- You have complied with your reintegration obligations
The Two Main WIA Schemes
1. WGA (Return to Work Partially Disabled Persons)
The WGA scheme is intended for people who:
- Are between 35% and 80% work disabled, OR
- Are 80% to 100% work disabled, but have a chance of recovery
2. IVA (Income Provision for Fully Disabled Persons)
The IVA scheme applies to people who:
- Are 80% to 100% work disabled
- Have little to no chance of improvement in their situation
Assessment by the UWV in Rijswijk
The UWV conducts an assessment to determine your degree of work disability. This is done by:
Insurance Physician
This physician examines your medical limitations and prepares a list of functional capabilities (FML).
Labour Expert
This expert determines what work you can still perform and calculates your residual earning capacity.
How Is Your Work Disability Percentage Calculated?
The work disability percentage is determined as follows:
- Your reference income is determined (your income before the illness)
- Your residual earning capacity is estimated (what you can still earn)
- The difference between these two determines your work disability percentage
Example of a Calculation
Reference income: €3,000 per month
Residual earning capacity: €1,500 per month
Loss of income: €1,500 = 50%
Work disability percentage: 50%
Amount of the WGA Benefit
The WGA benefit has three different phases:
1. Wage-Related Benefit (LGU)
| Period | Percentage |
|---|---|
| First 2 months | 75% of your daily wage |
| Thereafter | 70% of your daily wage |
The duration of this phase depends on your employment history, with a maximum of 24 months.
2. Wage Top-Up Benefit
If after the LGU you earn at least 50% of your residual earning capacity, you receive:
70% x (reference income - current income)
3. Follow-Up Benefit
If you earn less than 50% of your residual earning capacity, you receive:
Work disability percentage x minimum wage
Amount of the IVA Benefit
The IVA benefit amounts to 75% of your daily wage and continues until your state pension age. A maximum daily wage applies.
Overview of WIA Classes
| Class | Work Disability | Scheme |
|---|---|---|
| Less than 35% | 0-35% | No WIA benefit |
| Class 35-45% | 35-45% | WGA scheme |
| Class 45-55% | 45-55% | WGA scheme |
| Class 55-65% | 55-65% | WGA scheme |
| Class 65-80% | 65-80% | WGA scheme |
| Class 80-100% | 80-100% | WGA or IVA scheme |
How Do You Apply for a WIA Benefit?
- Week 87: You receive a message from the UWV about your WIA application
- Week 88-93: You submit your application via Mijn UWV
- Week 93-104: UWV conducts an assessment
- Week 104: You receive the decision and the benefit starts
Documents You Need
- Reintegration report (RIV)
- Problem analysis from your occupational physician
- Action plan for reintegration
- End evaluation of the process
- Relevant medical records
Obligations with a WGA Benefit
If you receive a WGA benefit, you must comply with certain rules:
- Actively seek suitable work
- Accept suitable work if offered
- Cooperate with reintegration activities
- Report changes in your situation to the UWV
Reassessment by the UWV
The UWV may periodically conduct a reassessment to see if your situation has changed. If there is improvement, your benefit may be adjusted or terminated.
Objection and Appeal in Rijswijk
If you disagree with the UWV's decision, you can:
- File an objection: Within 6 weeks with the UWV
- Lodge an appeal: Within 6 weeks with the District Court of The Hague
- Appeal to a higher court: With the Central Appeals Tribunal
What If You Are Less Than 35% Work Disabled?
If your work disability percentage is below 35%, you will not receive a WIA benefit. Possible alternatives are:
- Return to your employer with adjusted tasks
- Apply for a WW benefit if your contract ends
- Apply for a social assistance benefit as a last resort
Help and Advice in Rijswijk
For legal support, you can contact the Juridisch Lo