Permanent Incapacity for Work in Westland

Permanent Incapacity for Work in Westland

Permanent incapacity for work means that a resident of Westland, due to illness or physical impairment, is permanently unable to work, with no prospect of recovery within five years. This often results in an IVA benefit from the UWV. In this article for residents of Westland, we explain what it entails, how the assessment process works, and what rights you have, including local support via Het Juridisch Loket Westland.

What does permanent incapacity for work mean in Westland?

This term comes from social security legislation and applies to Westlanders who, after two years of illness – the wage continuation period and waiting period for the WIA – are still unable to work. The UWV determines whether the incapacity is 'permanent': lasting and not recoverable in the short term.

Under the Work and Income (Capacity for Work) Act (WIA), it qualifies as:

• More than 65% incapacity for work (full);
• No recovery expected within five years;
• Age under 65.

In Westland, with its intensive greenhouse horticulture sector, this often occurs in cases of chronic back problems or neurological conditions. Unlike temporary incapacity, this leads to the IVA benefit: 75% of previous earnings for life.

Legal basis

The WIA forms the core:

• Article 4(2) WIA: Defines 'fully and permanently unfit for work' as permanently less than 65% earning capacity without improvement.
• Article 47 WIA: IVA benefit for such cases.
• Articles 39-43 WIA: UWV assessment, including Sickness Benefits and occupational expert review.

The UWV uses medical and occupational reports. You can object to a decision and appeal to the Rechtbank Westland, in accordance with the General Administrative Law Act.

How does the UWV assess permanent incapacity for work?

After two years of illness, you receive a UWV letter for the Sickness Benefits and Disability Assessment (ZWA):

1. Medical assessment: Insurance physician evaluates symptoms, treatment, and prospects. Permanent if <5% chance of recovery in five years.
2. Occupational expert review: Calculates remaining capacity against 'standard earnings level'. Below 35% leads to IVA.
3. Reassessment: Annually or every five years, except for confirmed permanence.

The process takes 8-14 weeks. Cooperation is mandatory, or benefits may be sanctioned.

Difference between permanent and temporary incapacity

Key for your benefit in Westland:

Read more about IVA benefit and WGA benefit.

Real-life examples from Westland

Example 1: Ms. Jansen (45) from 's-Gravenzande, greenhouse horticulturist with MS. No work possible after treatments. UWV approves IVA: 75% of €2,800 = €2,100 net monthly, lifelong.

Example 2: Mr. De Vries (52) from Naaldwijk, greenhouse worker with spinal cord injury from a fall. Fully wheelchair-dependent: IVA after ZWA.

Example 3: Burnout in a Westland logistics worker: WGA for quick prognosis, but chronic form with risks may lead to IVA.

Medical prognoses are decisive.

Rights and obligations

Rights:

• Lifelong IVA (art. 47 WIA).
• Objection within six weeks at UWV.
• Appeal to Rechtbank Westland; free advice via Het Juridisch Loket Westland.
• Additional support via Municipality of Westland (Wmo).

Obligations:

• Attend assessments.
• Report changes (work, abroad).
• Avoid fraud: fines up to 100%.

Frequently asked questions

Tips for Westlanders

Boost your chances:

• Gather medical records from local specialists.
• Consult Het Juridisch Loket Westland for preparation.
• Involve GP and employer early.
• Consider Municipality of Westland for extra support.