My employee has a WIA decision stating that he is less than 35% disabled, now what?

Suppose you have a sick employee who after 2 years receives the WIA examination from the UWV. The employee has limitations, which has been determined by the company doctor and at the UWV by the insurance doctor. Then it is the turn of the Occupational Assessor of the UWV to determine whether there are possibilities. The Occupational Assessor does this using the CBBS system (a job evaluation system with 6,000 different jobs). He or she estimates which jobs can still be performed and at what wage value. The comparison of the wage values of the old job with those of the jobs found during the assessment produces a percentage. Here the employee can still earn more than 65% of his old wage. In this case, there is less than 35% (0 -35%) disability within the meaning of the WIA (also called 35% less).

Steps WIA Decision

As an employer, but also as an employee, it is then important to know what the next steps are. (Note: if the employee does not agree with the UWV's decision, there is the possibility of objection and also appeal against the decision. This is excluded here, for more information on this please contact sister organizations De Arbodienst or Resolu.

What can you do?

There are 3 options when an employee is declared disabled at 35% or less:

• The employee can largely return to his own (modified) job;
• The employee can perform another job within the company that fits his/her workload capacity;
• The employee cannot perform suitable work with his own employer. Dismissal is inevitable and unemployment benefits follow. There is always the option of starting a 2nd track program.

Option 1

In the first case, the employee may no longer be able to complete all his/her hours in his/her own job adapted to his/her capabilities. Then there may be a right to WW benefit if the employee loses at least 5 hours. He/she must then apply for and accept a suitable position for these hours. With a medical hours restriction, the employee cannot work more than the hours indicated. An WW application will then fail.

Option 2

In the second case, another position with one's own employer is in view that has approximately the same wage value as the old position. The position is offered for the same hours. It is possible that there is still a loss of salary (Less than 35%). In that case, no unemployment benefits are possible, since the employee is no longer available for more hours than he actually works now.

Option 3

The third case involves dismissal and the UWV will then award unemployment benefits. Often this is 75 or 70% of the last salary. There is an obligation to apply for a job. The employee must also take into account the limitations determined by the insurance doctor. He/she cannot simply go back to doing the same work he/she became ill for. Extra-legal income provisions have been agreed upon in some industries. This should prevent the employee from falling back to welfare level.

Learn more about the WIA decision

Should ambiguity arise regarding the income consequence, Puls is happy to provide assistance. Please feel free to contact us for more information.