Sickness Benefits recovery obligation: your duties during illness
If you are ill and have no employer, you may be eligible for benefits under the Sickness Benefits Act (ZW) subject to conditions. An important condition is that you have a recovery obligation: you are required to do everything reasonably possible to recover as quickly as possible. This obligation is laid down in law and is essential to maintain your entitlement to benefits. What exactly does this recovery obligation entail, and what can you do if your employer wants you to return to work? This article explains it.
What is the recovery obligation under the Sickness Benefits Act?
The recovery obligation means that as a Sickness Benefits recipient, you must do everything that can reasonably be expected of you to improve your health and become able to work as soon as possible. This means you must:
- Follow medical treatments prescribed by your doctor or physiotherapist.
- Actively participate in recovery programs, such as rehabilitation or a return-to-work plan.
- Not create any obstacles that could delay your recovery, such as refusing medical advice without good reason.
- Inform your employer or the UWV about your health status and any limitations.
The recovery obligation is laid down in Article 40 of the Sickness Benefits Act and Article 41 of the General Act on Exceptional Medical Expenses (Awbz). If you fail to comply with this obligation, your benefits may be withdrawn or reduced.
Legal basis: what does the law say?
The recovery obligation is legally underpinned in the following laws and regulations:
- Sickness Benefits Act (ZW), Article 40: This states that as a Sickness Benefits recipient, you must cooperate in your recovery. The UWV may request information from you about your health and recovery progress.
- General Act on Exceptional Medical Expenses (Awbz), Article 41: This act regulates, among other things, the obligation to follow medical advice, particularly regarding rehabilitation or other recovery programs.
- Implementation Decree Sickness Benefits Act (UbZW), Article 2.10: This describes the information you must provide to the UWV and your employer, such as medical reports or a possible recovery plan.
The UWV may prescribe recovery measures for you, such as a visit to a rehabilitation physician or following a specific training program. If you refuse these measures without valid reason, your benefits may be terminated.
Practical examples of the recovery obligation
To better understand the recovery obligation, here are some practical examples:
Example 1: Refusal of physiotherapy
Situation: You are ill after surgery and your doctor recommends a physiotherapy program to restore your mobility. However, you refuse to go to the physiotherapist because you think it is not necessary.
Consequence: The UWV may withdraw or reduce your benefits because you are not doing everything possible to recover. You can appeal against this if you can demonstrate a medical contraindication (for example, medical advice not recommending physiotherapy).
Example 2: Refusing a recovery plan from your employer
Situation: Your former employer proposes a recovery plan for you, for example a gradual return to work (also called stepwise recovery). However, you think it is too early and refuse to cooperate.
Consequence: If the recovery plan is reasonable and has been approved by a doctor, you are required to cooperate. Refusal may lead to termination of your benefits. You can, however, seek medical advice to explain why the plan is not feasible.
Example 3: Not responding to UWV requests
Situation: The UWV asks you questions about your health status or requests a new medical report. You do not respond within the specified period.
Consequence: The UWV may temporarily suspend your benefits until you provide the missing information. This can lead to financial problems, so it is important to always respond, even if you disagree with the request.
Your rights and duties under the recovery obligation
As a Sickness Benefits recipient, you have both rights and duties. It is important to know both to strengthen your position.
Your duties
- Cooperate in recovery: Follow medical advice, such as medication, physiotherapy or other treatments.
- Provide information: Give the UWV and your employer (if applicable) accurate information ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation