An injury can significantly affect your income. Social security often provides a basic safety net, but how does this interact with a personal injury claim? This article discusses the relationship between personal injury and social benefits in the Zoetermeer region.
Key benefits in personal injury cases
In personal injury cases, various social security schemes may come into play.
Overview of benefits
| Benefit | Application | Authority |
|---|---|---|
| Sickness Benefits Act (ZW) | No employer or contract terminated | UWV |
| WIA (WGA/IVA) | Disabled for work for more than 2 years | UWV |
| Wajong | Work disability from a young age | UWV |
| Unemployment benefit (WW) | Dismissal and fit for work | UWV |
| Social assistance (Participation Act) | No other income | Municipality of Zoetermeer |
Relationship between benefits and compensation
Both benefits and compensation are intended to cover income loss. This can lead to overlap and questions.
Set-off of benefits
Received benefits are often deducted from the compensation for income loss. This prevents double compensation.
Practical example
Suppose your annual income loss is €50,000 and you receive €35,000 in WIA benefit. Then €15,000 remains as residual damage, to be compensated by the liable party.
Subrogation rights of benefit authorities
Authorities such as the UWV can recover paid amounts from the liable party.
Overview of subrogation rights
| Authority | Legal basis | Recovered costs |
|---|---|---|
| UWV | Art. 99 WIA, art. 52a ZW | ZW and WIA benefits |
| Health insurer | Art. 83b HIA | Healthcare costs |
| Employer | Art. 6:107a CC | Continued salary |
| Municipality of Zoetermeer | Art. 62 Participation Act | Social assistance benefits |
WIA application in personal injury cases
If you have been disabled for work for more than 2 years, you must apply for a WIA benefit via the UWV.
Key points
- The WIA assessment is independent of your personal injury claim
- The UWV applies its own assessment criteria
- The WIA percentage may differ from the degree of disability
- Objection or appeal against a WIA decision may be necessary
Impact of assets on social assistance
A received compensation may affect your entitlement to social assistance in Zoetermeer.
Conditions
- Social assistance applies as the last safety net, with an assets test
- Assets above the exemption threshold must first be used
- Pain and suffering compensation up to €15,000 is exempt
- Non-material compensation may be exempted by the municipality
Effect on allowances
Compensation may also affect allowances from the Tax Authorities.
Impact on allowances
| Allowance | Effect of compensation |
|---|---|
| Healthcare allowance | Income counts, assets up to threshold do not |
| Rent allowance | Both income and assets count |
| Childcare allowance | Income counts |
| Child-related budget | Income and assets count |
Tax rules for personal injury
In principle, personal injury compensation is tax-free, but there are exceptions.
Tax rules
- Pain and suffering: tax-free
- Income loss: compensation for net loss, hence untaxed
- Yield on assets: taxed in box 3
Practical advice
- Always report a personal injury claim to benefit authorities
- Be alert to subrogation by the UWV or other parties
- Request exemption for pain and suffering from the Municipality of Zoetermeer
- Seek help from an expert who understands social security
- Take into account consequences for allowances and taxes
Frequently asked questions in Zoetermeer
What are my rights for online purchases?
For online purchases, you have a 14-day cooling-off period without giving a reason, unless exceptions apply.
How long does the statutory warranty last?
Products must function for at least 2 years. Defects within 6 months are presumed to have been present at purchase.
Can I claim interest on outstanding amounts?
Yes, you can claim statutory interest (approximately 8% per year) on outstanding debts.
What to do about unfair trading practices?
You can file a complaint with the Consumers' Association, the government or bring a case before the District Court of The Hague.