Sickness Benefits Act claim denied by UWV: what now?

·1 min read
Sickness Benefits Act claim denied by UWV: what now?

UWV denied your Sickness Benefits Act claim? Read about common reasons, how to object and when you are entitled to ZW benefits.

What is the Sickness Benefits Act?

The Sickness Benefits Act (ZW) provides a safety net for employees who become ill and have no employer to continue paying wages. The ZW benefit is paid by the UWV and is usually 70% of the daily wage.

Why does the UWV deny your ZW claim?

You are not (or no longer) incapacitated

The UWV's insurance physician assesses whether you are incapacitated for your work. If you are deemed able to perform your work, the ZW benefit is denied or terminated.

No entitlement to ZW

You have no right if your employer must continue paying wages, if you weren't insured, or if you caused your illness intentionally.

Filing an objection

You have six weeks to object. Strong grounds include: underestimated limitations, insufficient consideration of treating physician information, or a careless examination.

Appeal

If your objection is denied, appeal to the district court within six weeks. Further appeal at the CRvB is possible.

Contact Arslan & Arslan Advocaten at 070 4500 300 or visit arslan.nl.

Frequently asked questions

When am I entitled to sickness benefits?
You are entitled when you become ill and have no employer to continue paying wages, e.g., during WW benefits or as a temp worker.
What is the first-year ZW assessment?
After 52 weeks, the UWV assesses your residual earning capacity. If you can earn more than 65% of comparable workers, ZW ends. You can object to this decision.
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