Blijvende invaliditeit
Permanent disability
Permanent disability is a lasting physical or mental limitation resulting from injury, expressed as a percentage of the 'whole person'.
Permanent disability
Permanent disability (also: Permanent Functional Disability, BFI) is a medical-legal concept indicating to what extent someone is permanently physically or mentally limited after an accident or incident. The limitation is expressed as a percentage of the 'whole person' (0–100%), where 100% represents total loss of function. This percentage is an important starting point for calculating injury compensation under Article 6:107 BW (damage from physical injury) and Article 6:106 BW (non-material damage).
Main features
Practical consequences
When a medical adviser establishes a permanent disability, this percentage forms the basis for negotiations with the liability insurer. Parties often engage an independent expert via a medical-advice process or court appointment (Article 194 Rv). The percentage co-determines the level of the final settlement or capitalisation of future damage. Victims are wise to sign a settlement agreement only after the medical end situation is reached and the BFI percentage is definitively established.
“After a serious traffic accident the medical adviser established that the victim had a permanent disability of 15% of the whole person due to nerve damage to the right arm.”
Source: AI
Problems at work?
Schedule a free consultation with one of our employment law specialists. We speak your language.