When an employee becomes (partially) disabled, he or she soon comes into contact with the WIA. Within the WIA, there are two schemes: the WGA and the IVA. Although the terms are often used interchangeably, there are important differences. In this article, we clearly explain what the WIA entails and the distinction between WGA and IVA.
What is the WIA?
The Work and Income according to Labour Capacity Act (WIA) is intended for employees who are still unable to work, or cannot work fully, after two years of illness. The UWV then assesses to what extent someone can still work.
Depending on the outcome, a person may be entitled to:
- WGA (Work Resumption Partially Disabled).
- IVA (Inkomensvoorziening Volledig Arbeidsongeschiktten).
What is the WGA?
The WGA is for employees who are still able to work partially or who will be able to return to work (partially) in the future. It looks at the degree of disability:
- Partially able to work (35-80%): a person can still work, but not fully.
- Fully but not permanently disabled (80-100%): a person cannot work at this time, but recovery is possible in time.
With WGA benefits, the goal is for the employee to reintegrate as much as possible and return to work (in part).
What is the IVA?
The IVA is intended for employees who are completely and permanently disabled. This means that they can earn less than 20% of their former salary and that there is little or no chance of recovery.
An IVA benefit offers more certainty and is often higher than a WGA benefit because the expectation is that work is no longer possible (structurally).
What is the main difference between WGA and IVA?
The difference is mainly in the permanence of disability:
- WGA: (partially) disabled, but with prospects of recovery or return to work.
- IVA: totally and permanently disabled with no prospect of recovery.
Why is this distinction important?
For both employers and employees, the distinction has implications:
- It determines what benefit a person receives.
- It affects the employer's financial burdens and obligations.
- It gives direction to the reintegration approach: working toward recovery or accepting permanent limitations.
A good understanding of these arrangements helps to work with the employee to take the right steps and make future-oriented choices.
Need help with questions about WGA, WIA or IVA?
The rules surrounding disability are complex. It is important to have clarity in good time, both for you as an employer and for your employee. At Resolu, we are happy to help you with personal advice and practical support. In this way, you will know exactly where you stand and what possibilities there are. Feel free to contact us.
