Zelfwerkzaamheid
Self-reliance (zelfwerkzaamheid)
Self-reliance is the damage arising when an injured person can no longer carry out odd jobs, gardening or household tasks that normally require no paid help.
Self-reliance
In personal-injury practice, self-reliance ('zelfwerkzaamheid') refers to the damage a victim suffers because their injury prevents them from carrying out tasks they did themselves before the accident and for which one would not normally hire paid help — such as painting, garden maintenance, small repairs, laying floors or washing the car. The legal basis is Article 6:107 BW combined with Article 6:96 BW (and Article 6:106 BW for non-material aspects). The damage is usually assessed at the cost the victim would incur to have the work done by a third party.
Features and points of attention
Practical consequences
Victims should substantiate concretely which tasks they previously performed themselves and how often. Medical substantiation of the limitations is essential. Insurers usually accept the guideline amounts, but where actual costs are demonstrably higher (e.g. a large own home or special skills), a higher compensation can be claimed based on actual damage.
“After his back injury the claimant could no longer paint his house or maintain his garden; the court awarded him compensation for loss of self-reliance of €750 per year.”
Source: AI
Problems at work?
Schedule a free consultation with one of our employment law specialists. We speak your language.