I am self-employed

As a self-employed individual, you do not have access to the employment doctor.

🤝However, you can engage in discussions regarding your responsibilities and work environment with:

• Your treatment doctor or healthcare team.
  • As part of your rehabilitation program, the treatment team will assess the feasibility of resuming your self-employed activities.

• The advisory physician from the health insurance fund:
  • This doctor's approval is required before you can resume your activities (authorized work).
  • The advisory doctor evaluates whether the proposed activities align with your health condition.

• If you have accumulated a sufficient number of days in self-employment (minimum 7 years of experience or 2,555 days), you qualify for career guidance. Career counseling can assist you in making informed decisions about continuing self-employment with a brain injury.

💰Support: Self-employed individuals (in primary and secondary occupations) are eligible to apply for employment support measures such as the Flemish Support Premium and adjustment labour posts.

⚖️Legislation: As of July 2023, the Flemish Support Premium has been replaced by Individual Customization (IMW), which remains available for self-employed individuals.

🔀If you are self-employed and have a recognized disability, there are various options available to you.

🤝Collaborate with your treating doctor or healthcare team to assess the feasibility of returning to work. If this seems challenging, explore alternative options together:

• Partially resume your previous self-employed activities.
• Initiate a new self-employed venture.
• Transition into paid employment.

⚖️ Legislation: Starting in 2023, you can embark on a 'back to work pathway' facilitated by your health insurance fund.

• You can proactively initiate contact with a return-to-work coordinator from the health insurance fund.
• This coordinator provides assistance in finding suitable guidance for your return to work.
• While there is no occupational physician for self-employed individuals to monitor your progress or task suitability, the advisory doctor from the health insurance fund can offer support and assess the effectiveness of adjustments to your tasks, schedule, or work environment.

💡Tip: Visit your health insurance fund's website and reach out to address any queries you may have.

💡These suggestions can aid in preparing for your return to work:

• Gain a comprehensive understanding of your strengths and challenges.
• Document this information for yourself and discuss it with loved ones.
• Share this overview in advance with your treatment team or work mediator for support.
• Maintain a folder containing all details about your brain injury and its effects.
  • Review this information regularly and bring it along to important appointments with professionals like the advisory doctor or employment mediator.
  • Recognise that the journey back to work may be complex and involve processing and accepting the consequences of your brain injury.
  • Engage with various professionals throughout this process for comprehensive support.
• Consider bringing a knowledgeable individual, such as a care professional or mediator, to important appointments for enhanced understanding and advocacy tailored to your situation.

The advisory physician of the health insurance fund has several tasks: checking, informing and advising.

• The advisory doctor assesses your medical history, your functional capabilities and the expected course of your recovery.
• The advisory doctor judges whether you, as an employee, meet the conditions for recognition of incapacity for work and thus qualify for incapacity benefit (or sickness benefit).
• The advisory doctor of the health insurance fund has an advisory role in work resumption and judges whether a work resumption route is compatible or appropriate to your medical situation. Thus, this doctor may allow partial work resumption while retaining (part of) your incapacity benefit.
• Partial work resumption means doing your former tasks, part of your former tasks or new tasks.

⚖️Legislation: As of January 2023, a back-to-work (TNW) programme is available for self-employed individuals.

• Reach out to your health insurance fund for details on this initiative.
• A back-to-work coordinator will assist you in your reintegration process.
• This coordinator serves as a visible and personalized contact for individuals facing work-related limitations, aiding in the search for suitable employment, training opportunities, or voluntary work.

🤝Collaboration: Throughout the TNW programme, there is close collaboration among you, your treatment doctor or team, the TNW coordinator, and the advisory doctor from the health insurance fund. To initiate a TNW pathway, recognition of incapacity for work is necessary, along with sufficient physical and psychological capabilities (residual capacities) to facilitate a return to work.

💡Tip: Visit your health insurance fund's website and engage with the return-to-work coordinator to address any inquiries you may have.

Yes.

🚧Challenge: Returning to the workforce following a brain injury, characterised by unseen impacts, typically involves a multifaceted journey.

💪Opportunity: Seeking specialized assistance can aid you in navigating the job search process effectively.

• GTB, which stands for the Specialized Mediation Team, collaborates closely with VDAB.
• They provide support to individuals in vulnerable circumstances, including those with brain injuries, to secure and maintain employment.
• If you are considering remaining self-employed and wish to explore this further with a mediator, GTB is a valuable resource to consider.

🔀There are various methods to end an employment contract with your staff:

• Through mutual agreement
• If a resolutive condition is present, such as a future event that is uncertain
• In cases of force majeure, which involves an unforeseen event that creates an insurmountable obstacle to fulfilling the contract.

Your employees have the right to outplacement services.

Outplacement support entails a specialised service provider assisting employees who have been terminated or resigned in swiftly securing a new job or initiating self-employment. This approach provides your employees with ample opportunities to explore new directions and embrace fresh challenges.

Yes, this can be facilitated through the system of gradually resuming part-time work via authorized activities.

🔀There are several options available:

• Partially engage in your previous self-employed occupation (e.g., an independent garden contractor continues in the same role).
• Explore a different self-employed venture (e.g., a self-employed garden contractor transitions to a garden product shop owner).
• Transition to an employee role (e.g., an independent garden contractor starts working for the municipal green space department).

Before re-entering the workforce, it is essential to consult with the advisory doctor from your health insurance fund.

This professional determines the duration of authorisation for partial work resumption and assesses the tasks permissible during your incapacity period. An important consideration is whether full-time employment is feasible after the authorised work period (progressive employment).

💡Tip: Reach out to a representative from your health insurance fund to discuss the financial implications of resuming part-time work.

💰Benefit: Here are the guidelines:

• From the commencement of work during your incapacity until the end of the sixth month: your benefit remains unaffected.
• Starting from day one of the seventh month until the conclusion of the third year post initiation of authorized work: your benefit decreases by 10%.
• From the beginning of the fourth year following the initial year of authorized work onwards: your benefit undergoes annual review by the health insurance fund.

Upon receiving a favourable assessment from the advisory doctor at the health insurance fund, you can gradually reintegrate into your self-employed activities.

💰Benefit: The adjustment to your incapacity benefit is as follows:

• From the commencement of work during your incapacity until the end of the sixth month: no reduction in benefits.
• Starting from the first day of the seventh month until the conclusion of the third year post initiation of authorized work: a 10% reduction in benefits.
• From the beginning of the fourth year following the initial year of authorized work onwards: your benefit undergoes annual review by the health insurance fund. The benefit is contingent upon your professional income from three years prior derived from authorized work. This income is compared to a specified threshold amount.

A form is available for reporting this professional income to your health insurance fund.

🤝Collaboration: Connect with your health insurance fund to determine if your benefit will be adjusted or suspended.

💡Tip: Minimal or no tax deductions are typically applied to your benefits. This can impact your tax obligations. The accumulation of professional income and (disability) benefits during part-time work resumption may influence how your taxes are calculated.

Yes.

💰Benefit: With this supplementary insurance, you will receive extra compensation in addition to the disability benefit provided by your health insurance fund.

If you intend to partially return to work, it is essential to inform the guaranteed income insurance as well.

Depending on the terms of the policy, the additional replacement income may be diminished or forfeited.

Yes.

💰Benefit: If you experience challenges in the workplace due to a brain injury, such as a reduced work pace or the ability to work fewer hours per day, you can initiate an application for employment support measures.

• These measures can be sought for both primary and secondary self-employed activities.
• One such measure is the Flemish Support Premium (VOP), where you receive compensation for the 'loss of earnings' from the Department of Work and Social Economy (WSE). Depending on the severity of your challenges, you may be eligible for the premium for 2 or 5 years.
• There is also the possibility to request an increase or extension of the premium under specific conditions.
• Additionally, adaptation of the workplace or utilization of specialized work tools are other support measures available for self-employed individuals.

⚖️Legislation: Starting from July 2023, the Flemish Support Premium will be replaced with individually tailored support. This new measure will continue to be applicable for self-employed individuals as well.

If you are self-employed in your primary occupation:

• The scope of your self-employed activities can vary significantly, from roles demanding physical strength or stamina to those relying heavily on cognitive abilities.
• Factors such as the nature of tasks, company size, industry, and work environment (e.g., construction site versus office setting) also influence your work.
• Considering the effects of a brain injury (physical, emotional, cognitive, or behavioural) and the nature of your self-employed activities, you must evaluate the feasibility of resuming or partially resuming your self-employed work.
• Challenges like reduced flexibility, endurance, stress sensitivity, planning and organisational difficulties, and decreased initiative can be particularly problematic in independent roles.

🚧Challenge: Certain self-employed roles involve peak workloads (e.g., hospitality or agriculture), often leading to longer and less structured workdays. Monitoring boundaries can be challenging for individuals with a brain injury, especially as a self-employed person who sets their own schedule. Additionally, maintaining task quality may be challenging without external oversight.

💪Opportunity: Planning activities consciously may be easier as a self-employed individual.

You could opt for limited daily working hours, experience less pressure from colleagues, focus on tasks within your expertise, and choose optimal working times. Having support in this process can be beneficial.

🤝Collaboration:

• Consult with your healthcare team to determine if continuing your independent activities is viable. They can assess the possibility of fully or partially resuming your tasks.
• The advisory doctor from the health insurance fund can provide insights on the feasibility of resuming your self-employed work and explore alternative return-to-work options.If you are self-employed in a secondary occupation:If you previously combined salaried employment with secondary self-employed activities before the brain injury, assess whether it is still feasible to resume both types of work given any post-injury challenges like reduced endurance and flexibility.

💪Opportunity: Gradually increasing your workload capacity is advisable. Therefore, it is recommended not to engage in both activities simultaneously.

💡Tip: Consider starting with volunteering to gauge your capabilities and stamina better. This experience can help you assess what remains achievable for you.

It is crucial to consider these aspects in advance before resuming your self-employed activities.

🚧Challenge: Each brain injury is unique and can manifest differently in the workplace. Y

• ou are not obligated to disclose your health or medical history, including the fact that you have a brain injury.

💪Opportunity: However, you can communicate factors that may impact your ability to fulfill specific roles or responsibilities.

• For instance, if you require adjusted working hours or are unable to perform certain job-related tasks, it is beneficial to communicate this.
• Behavioral changes like disinhibition, anxiety, rigidity, or irritability can lead to frustration and confusion for both you and your colleagues/clients.
• Transparently sharing such information can foster better understanding.
  • For example, informing a client that you will be present for half a day instead of a full day can set clear expectations.
• Carefully consider what information you wish to share, with whom, and how.
  • You might choose to verbally disclose your brain injury and its effects to a regular client while sending a more concise email to another client about your return and upcoming tasks.
  • It is also acceptable not to disclose details about your brain injury's impact.
• It is essential to acknowledge that living with a brain injury demands significant energy, with tasks typically requiring more effort.
  • Using metaphors can help convey this concept effectively.
  • For instance, likening your energy levels to a slowly charging battery that depletes faster during tasks can aid in explaining the situation.
  • Another metaphor involves using a box of crayons or spoons, symbolizing the daily energy reserve that diminishes with each task performed.

💡Tip: Practice discussing your situation verbally with a member of your treatment team or work mediator beforehand. Collaborating with a therapist to draft an email can also be beneficial. Repeating your story multiple times can help you find a communication approach that feels comfortable and authentic.

Yes, you can.

💰Benefit: You can also access support for this through socio-professional rehabilitation or vocational guidance.

🤝Collaboration: As a self-employed individual, schedule a meeting with the advisory doctor recommended by your health insurance provider.

• If you have a specific training path in mind, you can discuss this plan with the recommended specialist. In case you are unsure about the direction you wish to pursue, the specialist can refer you to a mediator at a local partner organization (e.g., VDAB or GTB) who will assist you in exploring various options.
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• After undergoing retraining or additional training, the impact of your brain injury may pose challenges. It is advisable to have a thorough discussion about this with the advising doctor and/or work mediator. Understanding what aids in successfully completing a course is crucial. It is recommended to seek guidance from your treating doctor and/or therapist as well. With your consent, they can collaborate with the mediator to assess your strengths, areas of interest, and assist in identifying suitable retraining opportunities.

As a self-employed individual, it is essential to accurately report your disability to the health insurance fund.

💰 Benefits: Subsequently, the health insurance fund will assess your eligibility for benefits and verify if the necessary criteria have been met.To qualify for disability benefits, you must cease all self-employed activities due to health reasons.

• The decision of the advising doctor to acknowledge your disability is not definitive. This implies that recognition of your incapacity for work for a specific period does not guarantee its continuous acknowledgment.
• During the initial year of your disability (primary disability), the advising doctor will continue to review your case. They have the authority to extend or terminate the disability status.
• Starting from the seventh month, the Medical Council for Disability can also decide on discontinuing your disability status.
• Following the first year of disability (disability period), the disability may be extended or terminated based on evaluation by the Medical Council for Disability.
• Throughout the disability period (beyond one year), your incapacity will be monitored by the Medical Council for Disability. To maintain recognition during this period, you must demonstrate an inability to perform any work other than your previous occupation. Factors such as your social standing, health condition, and vocational training influence whether you are deemed suitable for alternative employment.

Upon approval by the health insurance fund's advising doctor, you may participate in a socio-professional rehabilitation or reorientation program as a self-employed individual. This opportunity allows you, under specific conditions, to undergo training aimed at acquiring new skills and facilitating your return to work.