PILP assists FNV in summary proceedings over long covid scheme for healthcare workers Trade unions FNV and CNV today sent a summary summons. The unions are demanding that the government financially compensate healthcare workers who have been disabled due to long covid disease in the short term. To this day, the government refuses to provide assistance to alleviate the urgent financial distress faced by these healthcare workers. Despite repeated talks with both unions over the past two and a half years about the details of a concrete settlement. FNV and CNV believe the State is acting unlawfully and are now demanding an advance payment of 22,839 euros per victim through summary proceedings. Within four weeks, the State must designate a body to implement it.
Kitty Jong, vice president FNV: “Healthcare personnel had to continue working during the corona pandemic, while not enough personal protective equipment was available, because the State was not adequately prepared for a pandemic. It later emerged that the State had been warned repeatedly before the outbreak, but took measures too late and not enough. Also, a RIVM memorandum about insufficient protective equipment and a high risk of infection for healthcare workers was not shared with the hospitals.
State did not fulfill its duty of care
Gaby Perin-Gopie, president CNV Zorg & Welzijn: “Moreover, the RIVM guidelines were constantly being adjusted, and were regularly in conflict with existing guidelines and international treaties. The scarcity of aprons, mouth-nose masks and splash guards became guiding guidelines issued rather than the health and safety of healthcare personnel, as stipulated in the Occupational Safety and Health Act. FNV and CNV believe that the State thereby violated the precautionary principle. The State failed to fulfill its duty of care to adequately protect the lives and health of healthcare workers.
Thousands of healthcare workers became infected with the coronavirus while doing their jobs, a sizable group sustained lung covid. Because of their illness, they could no longer perform their former jobs, and about 1,000 healthcare workers have since been disabled and laid off as a result. Loss of income of 30% – 50% puts an increasing proportion of them in acute financial difficulty. Because the cost of their rehabilitation program is also often only temporarily reimbursed, they quit and there is even less prospect of recovery. These healthcare heroes who were on the front lines are not only struggling with ill health two years later, preventing them from living a normal life. They also now worry about their basic needs. Especially now that prices are rising. Some of them now rely on the food bank. Other victims have had to sell their homes. FNV and CNV believe the that government is not only morally but also legally obliged to financially accommodate these healthcare workers in the short term.
Advance payment
In order to bridge their financial distress at least for the time ahead, the unions are claiming an advance payment of €22,839 per aggrieved person to compensate them for their losses. This amount corresponds to the financial settlement in other occupational diseases, such as mesothelioma (asbestos cancer), OPS (Painters’ disease) and substance-related occupational diseases. Both COVID-19 and Long Covid are both recognized occupational diseases. For more than two years, the FNV advocated for a fund with the same amount of compensation. This did not require a legal process. In May 2022, CNV sent a summons to the Dutch state about compensation for the victims. With the government shirking all responsibility, the unions joined hands and converted the €22,839 relief into an advance of compensation and claimed it by summary judgment. This amount may be higher later on, if the full damages suffered are known.
Role Ministry of Health, Welfare and Sport
More than two and a half years of talks have taken place between the former and current ministers of health care and the unions. Last summer, there were even discussions with and about agencies that could run a scheme. A motion to financially compensate healthcare workers with lung covid was also passed in the House of Representatives. Last September, Long-Term Care Minister Helder requested information from the State Council for possible financial relief. In response, she received a positive answer. So nothing seemed to stand in the way of a settlement anymore. However, in December, Minister Helder issued a letter indicating that if unions and employers could reach a settlement together, she would make a capped contribution in 2023.
This proposal struck a nerve with the unions. The chances of success of such a collective arrangement are nil, in part because there is already insufficient money in healthcare to offer employees a reasonable salary. It also reinforces the unions’ feeling that Minister Helder is deliberately delaying proposals. In addition, laid-off employees are no longer covered by any employer. They are now receiving benefits from the UWV. Moreover, government prescription of framework conditions for consultation between employers and unions infringes on the freedom of bargaining of unions.
Delineation
FNV and CNV want collective compensation for healthcare workers who became infected with COVID-19 while performing their duties in 2020, suffered lung covid as a result, and have been unable to work less or at all as a result for more than two years. Around 1,000 healthcare workers are already expected to be affected, most of whom the unions are in contact with. More than 500 healthcare workers have since been inspected by the UWV and lost their jobs and income. However, the group will increase because there are currently waiting times of up to 9 months at the UWV.
Should the judge not award damages at this time, FNV and CNV are asking the court to force the State to enter into new consultations with the unions in order to reach a proper settlement as soon as possible that meets the unions’ conditions.
PILP will act as the FNV’s attorney in this case. The subpoena was prepared in cooperation with mr. M. Kingma ofHöcker Advocaten and mr. P. Leermakers of BrandMR who are acting as lawyers for CNV.
Read more about this case here.
